Defence tribunal chief accuses Reynolds of misleading Senate

Mark Sullivan said Defence Minister Linda Reynolds had made ‘false’ statements to the Senate.

Defence Minister Linda Reynolds. Picture: AAP

Defence Minister Linda Reynolds has been accused by a Defence Honours tribunal chief of misleading the Senate about her decision to reject its recommendation to award a Victoria Cross.

 In a letter, Mark Sullivan, chair of the Defence Honours and Awards Appeal Tribunal, on Monday wrote to Senate Rey­nolds over her justification for denying a VC to World War II legend Teddy Sheean. He said in his five years at the helm of the quasi-judicial body, he had never “found the need to make any public statement” on a government decision but believed Senator Reynolds had “mispresented” facts and made “false” statements.

“You have misrepresented the statutory function of the tribunal, particularly in respect of its 2019 review into the Sheean matter, and misstated the standing of a purportedly clear government policy …” he wrote. “These two statements … make your answer to the Senate misleading and in need of correction.”

Senator Reynolds last Wednesday rejected the tribunal’s 2019 recommendation that Ordinary Seaman Edward (Teddy) Sheean be posthumously awarded the VC. She told the Senate the 2019 tribunal recommendation was a review of a 2013 Valour Inquiry. “The 2019 review by the tribunal did not present any new evidence that might support reconsideration of the Valour Inquiry’s recommendation.

World War II hero Teddy Sheean

She said the government had a “clear policy” that VCs could be awarded only if there was com­pelling new evidence or manifest injustice. Mr Sullivan said she was wrong on both counts, and the tribunal decision was not a review of the 2013 inquiry but a new, “full merits-based review of Sheean’s actions”. It was held in response to an appeal by Tasmanian Liberal Veterans’ Affairs Minister Guy Barnett, after the Chief of Navy’s 2018 decision not to consider Sheean for higher honours.

Mr Sullivan said the 2019 tribunal review recommended the VC for Sheean on the back of “new evidence” that the version of events accepted by the British ­Admiralty in 1943 was “inaccurate and … understated Sheean’s ­actions”. He said the minister was wrong to suggest a VC could only be awarded in light of compelling new evidence or manifest ­injustice.

Senator Reynolds defended her decision. “This is a complex and sensitive matter and the highest standards have been applied to its scrutiny and consideration,” she said. “These processes preserve the integrity of the Australian honours and awards system. This does not in any way take away from young Teddy Sheean’s bravery, devotion to duty and ultimate sacrifice for our nation.”

The tribunal found in 1942 Sheean, 18, returned to the sinking HMAS Armidale from a lifeboat to fire at Japanese aircraft strafing his comrades. He shot down at least one aircraft before dying.