Fed: Cosgrove says army does not condone brutality

AAP General News (Australia)
08-16-2000
Fed: Cosgrove says army does not condone brutality

CANBERRA, Aug 16 AAP - Army chief Peter Cosgrove today took full responsibility for
a legal glitch which delayed disciplinary hearings against soldiers accused of brutality.

Lieutenant-General Cosgrove said he relied on flawed legal advice to direct the course
of disciplinary action against the soldiers from the 3rd battalion of the Royal Australian
Regiment (RAR).

The soldiers, some senior officers from the elite fighting unit, are accused of beating
soldiers accused of stealing and other petty theft.

General Cosgrove said he acted as soon as he heard about the allegations.

"As soon as I was aware there were serious allegations, I ordered an investigation,"

General Cosgrove told ABC radio.

"I waited patiently and sometimes impatiently for that detailed and complicated investigation
to be presented.

"As soon as it was presented I referred it for legal advice. As soon as I had the legal
advice I directed that disciplinary action be undertaken.

He said he did "on legal advice that was flawed and I take responsibility for it" decide
to elevate the hearing so that it would happen more quickly.

The legal advice recommended bypassing the battalion commander and sending the matter
straight to a Defence Force Magistrate.

But the magistrate threw the first two cases out last month, ruling that General Cosgrove's
order had perverted due process.

General Cosgrove acknowledged his actions had held up the cases, but denied discussing
the case with Defence Minister John Moore, as alleged by TIME Magazine.

He said the army wanted to see the cases finalised as soon as possible and said there
was absolutely no excuse for the violence alleged to have occurred.

"At every step along the way, the army position has been very clear. We do not condone
it," he said.

"We want to see resolution of it and we want to see it done in a way that reflects
justice for any victims and for any perpetrators."

New proceedings are now being arranged.

General Cosgrove said he would play no further role in the process.

"Having tried to expedite the thing and bumped up against process, I am not about to
interfere and do other than take sound legal advice on that," he said.

"Let nobody be in any doubt we are very intent on seeing justice is done."

AAP mb/mfh/arb/de

KEYWORD: REGIMENT COSGROVE

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