War crimes inquiry: Mark Weinberg QC appointed Special Investigator

The Morrison government has announced who will head the criminal inquiry into alleged war crimes by Australian Special Forces soldiers.

Former Commonwealth Director of Public Prosecutions Mark Weinberg QC has been appointed Special Investigator to lead the criminal inquiry into war crimes alleged to have been committed by Australian Special Forces soldiers in Afghanistan.

The move brings to an end a five-week hiatus in which the Government was unable to find an eminent lawyer or retired judge to fill the position.

Justice Weinberg, one of Australia’s most experienced and respected legal minds, is also a former judge of the Federal Court of Australia and served on the Victorian Court of Appeal of the Supreme Court.

Justice Mark Weinberg. Picture: supplied

In his role as Special Investigator he will assess the matters raised by Justice Paul Brereton in the war crimes inquiry, and potentially refer briefs of evidence to the Commonwealth Director of Public Prosecutions.

Justice Weinberg in 2019 handed down a dissenting judgement when two fellow members of the Court of Appeal dismissed Cardinal George Pell’s grounds for appeal against his conviction on sexual abuse charges.

Justice Brereton, in his role as Assistant Inspector-General of the Australian Defence Force, referred 19 current and former Special Forces soldiers to the Australian Federal Police for investigation and potential prosecution after finding “credible evidence’’ they were involved in 23 murders and cruel treatment of Afghani civilians and prisoners during Operation Slipper.

Prime Minister Scott Morrison and Defence Minister Linda Reynolds announced on November 12 that a Special Investigator would be appointed but finding someone to fill the role proved problematic. News Corp has confirmed high-profile Sydney barrister Margaret Cunneen rejected an approach to become the Special Investigator.

Chris Moraitis, the secretary of the Attorney-General’s Department, will be the Director-General of the Office of the Special Investigator. Picture: AAP

Ms Cunneen, a prosecutor, former inquiry commissioner and member of the expert panel advising the Government on the establishment of a federal anti-corruption commission, declined to comment but News Corp has established she was one of several eminent lawyers and retired judges who turned the offer down.

As the next stage of the war crimes inquiry takes shape, the Government announced Chris Moraitis, the secretary of the Attorney-General’s Department, would be the Director-General of the Office of the Special Investigator, while Ross Barnett, Queensland’s Racing Integrity Commissioner, was appointed director of investigations.

Home Affairs Minister Peter Dutton said the Office of the Special Investigator would start work on January 4.

“The task for these eminent appointees will be challenging and as the Prime Minister has noted, difficult for Australia,” Mr Dutton said.

“They bring a wealth of experience to the very important work this Office will do. Their combined wealth of experience will serve the Office well in undertaking the significant task ahead.”

Mr Dutton said ADF personnel served Australia with “distinction and great sacrifice.’’

“Their honour and our nation are best served by ensuring the matters raised in the Afghanistan Inquiry Report are addressed in Australia and in accordance with the rule of law,’’ Mr Dutton said.

Originally published as War crimes inquiry: Mark Weinberg QC appointed Special Investigator