Taskforce to oversee war crimes probe

The AFP has established a taskforce to oversee its investigations of alleged war crimes by Australian special forces soldiers in Afghanistan.

Major General Paul Brereton.

The Australian Federal Police has established a taskforce to oversee its investigations of alleged war crimes by Australian special forces soldiers in Afghanistan, amid warnings some alleged offences may not be prosecuted.

AFP Commander Brad Currie, an experienced homicide and major crime investigator who until recently was an assistant commissioner in the Northern Territory, will lead the AFP’s ­Special References Taskforce.

AFP Commissioner Reece Kershaw revealed the appointment as NSW Supreme Court judge Major General Paul Brereton finalises his war crimes inquiry for the Inspector-General of the Chief of the Australian Defence Force, General Angus Campbell.

Mr Kershaw said the AFP was ready to launch investigations into alleged war crimes referred to the agency: “We do take an oath as officers in the AFP … that we will treat each matter without fear, favour or ill will, and investigate those crimes.”

He warned that investigations would be long and complex, and the AFP might not be able to prepare a sufficient brief of evidence to bring every allegation to court.

Each referral would be con­sidered by the AFP’s Sensitive ­Investigations Oversight Board, which would take into account legal ­advice, available resources and the prospects of successful prosecutions.

AFP officers would have to travel overseas to gather evidence, and weigh up how to use statements to the Brereton inquiry obtained under coercive question­ing. “One of the challenges in any war crimes investigation is how do you introduce evidence obtained out of Australia, into Australia and the Australian court system.

“It has to be government-to-government. And that can take years.”

Mr Kershaw said coercively obtained evidence was always a challenge for police, “and it can be contested”. “The challenge then is how do you explain that — if publicly it is told that we get 10 referrals but you only investigate two, what happens to the other eight?” he said.

It’s understood the Brereton report, to be handed to the Chief of the Defence Force within weeks, will focus on eight to 10 of the most serious crimes identified in interviews with more than 330 witnesses, including alleged murders of unarmed civilians and prisoners by Special Air Service and Commando operators.

The Federal Court recently heard the AFP had told Victoria Cross recipient Ben Roberts-Smith it had “eyewitness accounts” implicating him in the alleged murder of ­Afghan villager Ali Jan in September 2012.

Mr Roberts-Smith vehemently denies the allegations, which he says are defamatory, and is suing Nine Newspapers for defamation over its reporting of allegations against him.

The AFP is also investigating another SAS operator, “Soldier C”, who was videoed killing an apparently unarmed man in footage screened on the ABC.

The Australian revealed last week investigators fear high-level immunity for witnesses in the Brereton inquiry could taint cases against special forces veterans.