Sunday 28th of April 2024

the victims of spin .....

the wagers of spin .....

While the military establishment and the opposition are busy jumping ugly on the Defence Minister, Stephen Smith, a few points have been overlooked.

Kate, the alleged victim of the Skype scandal, is no longer at the Australian Defence Force Academy. Through no fault of her own, her presence there has been rendered untenable and she is back in Queensland trying to continue her fledgling military career.

Of the two alleged perpetrators, one has quit and the other is still at ADFA training to be an officer.

Both are subject to criminal proceedings - not military but civilian. The military should punt the remaining cadet if convicted in the ACT. Why it did not investigate and then punt them both when it learned of what happened has not been adequately explained.

Kate went public supposedly because the military was going to do nothing about it.

Smith is being jumped upon because he lashed and then suspended the ADFA boss, Commodore Bruce Kafer, for what the minister said was his poor initial judgment in handing the matter.

Smith was angry that Kafer, upon hearing of the incident, thought it appropriate to continue with unrelated disciplinary proceedings against Kate. The independent Kirkham report said it would have been reasonable to shelve these proceedings to spare Kate further trauma and to not do so was a ''failing''.

Otherwise, Kafer was not guilty of a breach of the law, as Smith originally charged.

Given he also called Kafer's behaviour stupid, Smith could maybe have been a little conciliatory given Kirkham's ambiguous findings. Nor has there been adequate explanation as to why the report was handed to the government in December and then sat upon.

But, clearly, Smith remains entitled to harbour his original view that Kafer was insensitive in pursuing an unrelated and trivial matter against a young woman whose dignity and privacy had been violated so egregiously.

Kafer will return to work this week, meaning everyone involved in the Skype scandal - minus the victim and one alleged perpetrator - are all still at ADFA.

Yet it was Smith who became the villain, all on International Womens Day.

Nasty Smell Lingers In Skype Affair

whilst Leahy ups the ante with this piece of self-righteous bullshit .....

On Wednesday, Defence Minister Stephen Smith finally fronted up to his plate of humble pie. No matter how much he tried to disguise it with other tasty morsels (culture report and DLA Piper) it was still there front and centre on the plate: the Kirkham inquiry. The minister was invited to eat it and he gagged.

In the face of compelling material, he could not accept that he was wrong and that he had jumped the gun by speaking out so impetuously.

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Those in the Australian Defence Force will remember his intervention over Commodore Bruce Kafer and his lack of civility in being unable to acknowledge his mistake. His refusal to apologise diminishes his legitimacy as minister.

Soldiers, sailors and airmen do their difficult and dangerous jobs not because they are ordered to but out of a deep sense of duty, patriotism, loyalty and respect for their leaders. Smith is making it hard for them. Many politicians today seem reluctant to recognise that their duties and responsibilities are about serving the nation, its interests and its people rather than looking after themselves, their factions and their political parties.

The minister's refusal to release even a redacted version of the Kirkham inquiry leaves unanswered questions and the suspicion that he is still trying to protect himself. Yes, there are legal and privacy issues to be considered. They are the same sorts of issues he seems to have resolved when recently ordering the release of all departmental hot issue briefs and when speaking about Kafer last year. Where is transparency and openness?

No doubt once the freedom-of-information ferrets get to work we will see a copy soon enough.

Clearly the Chief of the Defence Force and the minister disagree on Kafer. By exercising his command responsibility and reappointing Kafer, the CDF has expressed confidence in the commodore's abilities. The minister could not bring himself to the same conclusion. Kafer might be back at work but he and the nation know the minister would not express confidence in him.

As to the other morsels on the plate, any allegation of illegality or improper conduct within the Australian Defence Force, made to DLA Piper, must be pursued vigorously. Once an allegation is made it must be resolved.

The cultural pathway recommendations must also be implemented. They appear sensible. They are also necessary to affirm in the minds of the public that the ADF demands the highest standards of behaviour and conduct from its soldiers, sailors and airmen. The ADF is one of the nation's most trusted and respected institutions. This position has been hard won and cannot be assumed. The minister correctly demands the highest standards of proper conduct from the ADF. The real measure is what happens when the shoe is on the other foot.

What might the minister take away from his serve of humble pie? First, take a deep breath before becoming involved in personnel issues and, second, leave the day-to-day internal management of his department to those who are properly responsible.

While pondering this advice, he might also consider focusing on his real task, which is about strategy, budgets and building the capability of the ADF.

He might also consider telling the public what is going on in Afghanistan. Clearly the withdrawal is on. What are the Americans up to and how do we need to moderate our plans to match their tempo and posture? What are our intentions and what will our commitment to Afghanistan look like in the future? A persuasive and informative narrative on Afghanistan is sorely missing.

Let's hope Bob Carr does a good job over in Foreign Affairs. If it doesn't go well, Smith will no doubt be thinking, ''That's the job I wanted and here I am stuck with Defence. I don't want them and they don't want me.''

Minister Gags On A Taste Of Defeat

and then .......

The Defence Minister, Stephen Smith, under fire over his handling of the Skype affair in which a female cadet was filmed during a consensual sexual encounter, has been thrown a lifeline after a leaked document revealed a senior defence official was strongly criticised and found to have acted inappropriately.

The document also reveals that, contrary to a media release issued by Mr Smith's office on Wednesday, the alleged victim, an 18-year-old woman known as Kate, did suffer harassment after the incident.

The document is the unedited final report by barrister Andrew Kirkham, QC, who was hired to examine the Defence Force's handling of the fallout of the incident, which occurred last March.

A sexual encounter between Kate and a male colleague was allegedly broadcast over Skype to several of the man's friends.

The commandant of Australian Defence Force Academy, Bruce Kafer, was sent on leave after the incident, following trenchant criticism by Mr Smith of Commodore Kafer's decision to allow a separate investigation into alleged disciplinary breaches by Kate to continue while the Skype investigation began.

Mr Smith described that decision as ''completely stupid'' and ''almost certainly faulty at law''. On Wednesday Mr Smith and the Vice-Chief of Defence, David Hurley, released basic details of the Kirkham inquiry findings, and they appeared to broadly support the actions of Commodore Kafer.

But yesterday Channel Ten obtained the original Kirkham report, and it told a significantly different story. ''Commodore Kafer could and should have foreseen that [disciplinary charges would be served on Kate] at a time when [she was receiving] medical treatment and had recently been advised of the Skype incident, and further that such service could cause her upset.''

Mr Kirkham's report also found that Kate suffered unnecessary distress because of Commodore Kafer's actions, and that he failed to inquire as to whether Kate wanted the disciplinary matter to be delayed.

''The inquiry finds this failure unfortunate ... such inquiries would have been a sensible and appropriate course of action.''

The unedited findings of the Kirkham report will provide support to Mr Smith's position. Since Wednesday, and despite strong criticism from Defence, he has refused to back away from his criticism of Commodore Kafer.

Yesterday Mr Smith also appeared to question the decision of General Hurley to return Commodore Kafer to ADFA. ''There are risks associated with him going back, because it may well be the controversy follows him and ADFA. But that's a judgment which, in the end, the Chief of the Defence Force made,'' Mr Smith said.

In a Herald opinion piece today, the former chief of army Peter Leahy writes that despite the release of a summary of the Kirkham inquiry, Mr Smith has been ''unable to accept he was wrong''.

''Those who serve in the Defence Force will remember his intervention over the ADFA commandant, Commodore Bruce Kafer, and his lack of civility in being unable to acknowledge his mistake. His refusal to apologise diminishes his legitimacy as minister.''

The Opposition Leader, Tony Abbott, also criticised Mr Smith's handling of the matter and challenged Mr Smith's assertion that there was a problem with defence culture. ''Bad things happen in all walks of life,'' he said.


Leaked Report Backs Smith's Stand Against Academy Chief

them & us .....

Stephen Smith is perfectly entitled to hold, and to maintain, his opinion about the appropriateness of the response by the ADFA commandant, Bruce Kafer, to the Skype sex scandal. When Smith heard of what had happened to the girl, first at the hands of fellow cadets and then, as Smith understood it, from the ADFA system, he was angry and concerned, and he was expressing his opinion on the facts as then known to him. Honestly, and no doubt urgently, because the story was already in the public domain.

Smith's a politician. It is hard to criticise the boss for blowing his top over yet another case of appalling and boorish conduct by soldiers - in this case newly recruited would-be officers - or over what appeared (wrongly, as most, if not Smith, now think) to be an inept compounding of the sense of victimhood of the complainant by the people in charge. On ADF form, he cannot even be criticised for jumping to conclusions, even if he did. The really unfair thing, so far as Kafer is concerned, is that he was, and is, bound by military discipline and thus lacked the right to defend himself in public with the robustness of a Smith. If he had he would have been in trouble with his superiors, and even more trouble with Smith.

Smith has never held back in close political combat, and if he knows regret, there's no great evidence that he has ever known shame. He's of the (Ian) Sinclair (Lewis) school: never explain, never apologise. If I was in trouble, I would expect a fairer hearing from Kafer than Smith.

A lot of sympathy inevitably flows to Kafer. But those wanting to make judgments should understand that neither man has been operating in the same plane. And thank God for that, even as one then has to make some allowances.

Supporters of Kafer, for example, have not only criticised the woman for rushing to the media at all, but for rushing to it with a completely wrong idea of the actions Kafer had already put in train. But I bet Kafer wishes he had spent more time telling her what he would do. Had he done so, there might have been no blow-up at all, or a much more containable one.

However, Smith and predecessors for 15 years are entitled to a strong sense of grievance about being continually distracted from higher policy, strategy and logistics by sex and bullying scandals, pay and equipment stuff-ups and endemic problems of procurement, project management and multi-million-dollar weapon platforms that don't work, don't arrive, don't coordinate with other equipment. And by politically mischievous leaks.

In these matters, Smith, the government and Australians are being regularly let down by our senior military commanders and senior Defence bureaucrats. One simply cannot say that this is because they are distracted by operational requirements - such as soldiers under fire in Afghanistan. Nor is the mess for want of senior managers, or officers or bureaucrats, from Defence Secretary (former Major General) Duncan Lewis, down. Defence has about four times as many people with stars on their epaulets as Australia needed when we had a million men and women under arms in 1944. We have about 30 times as many senior bureaucratic managers as then. (Indeed, perhaps it is the obvious brass creep and oversupply that causes so many problems, and so often with so little accountability.)

The sex, booze, social media and internal culture issues - each subject of reports this week - are but subsets of the problem of any organisation - particularly one depending on the efforts of young men and women - in adapting to social change.

It's a problem not helped by the fact that the biggest cultural problem is not with those young men and women - by and large, an ordinary if somewhat fitter subset of their age and sex cohort. It is with the culture of those - mostly 25 or more years older, and almost entirely male - who lead the organisation. It is people of this generation (and not just in the services or the department) who do not really ''get'' what society wants and expects. It is this cohort - including the non-commissioned officers - whose own actions, over matters such as alcohol, sex, bullying and duty, are most often at obvious variance with their words. The very top brass may at last be ''getting'' it, if only from public kicks in the trousers. But they still have a long way to go in driving the message downwards.

One of this week's reviews, by Major General Craig Orme, makes it quite clear that there is no lack of detailed statements of principle, policy and procedure. Indeed, it suggests there might be too many for them to be readily understood.

The military has been described ''as a 'tight' culture in which shared identity, clear norms and role requirements, strong sanctions for deviations, and social stratification are exercised in a predominantly male culture [which] tends to create various manifestations of 'insiders' and 'outsiders'.

'' 'Insiders' are those who are socially dominant and conform to the cultural ideal, while 'outsiders' are those whose inclusion is perceived as posing cultural risks. 'Outsiders' are often cultural minorities, such as women [!], ethnic members or those with a non-mainstream sexual persuasion.

''The ADF's tendency in reacting to organisational failures and poor behaviour … has been essentially procedural, resulting in a table of recommendations each of which is then individually implemented over time. This, however, is not a reliable strategy for cultural change.''

Orme wants positive work on developing a new operations-focused culture - away from the ''them and us'' mentality. It needs, he says, ''four integral cultural building blocks:

A Just Culture: Where members understand the difference between good and bad behaviour and know what is expected of them, and believe they will get a fair go and be treated with respect.

An Inclusive Culture: Where all members are considered part of the team, regardless of their demographic features, and are regarded as important elements in contributing to mission success.

A Reporting Culture: Where poor performance of any type is identified then all ADF members understand their responsibility to report it, and can do so safely and without fear of recrimination.

A Learning Culture: Where members continually review and reflect on performance and change and adapt where necessary, and where the ADF builds its collective ability to learn as an institution, with appropriate processes to capture and implement learning outcomes, thus providing a platform for progressive improvements in organisational performance.''

But this involves much more than waving a wand, or a start with the next set of recruits. These will, after all, be under the command of the most conservative and resistant upholders of ''traditional'' boyo culture. That culture has instinctive support from many ex-servicemen and not a few officers known to have publicly sneered at the way the services are becoming so politically correct and new age these days.

Stephen Smith is only of moderate PC sensitivity. As a politician, he is of a culture radically different from the man in the RSL bar.

An active element in Defence does not like Smith, or the government, or even, the idea that higher policy and decisions about the defence of the nation is a matter for civilians. For them, any political action is ''interference'', unworthy, unprofessional; and possibly unconstitutional. Any want of deference to the profession of arms is seen as a threat to sound order and military discipline.

Smith, like other recent Labor and Liberal ministers, has to live with a regular array of minor mutinies, insubordinations, deliberate stuff-ups and leaks. That's apart from the strain of deaths in combat, the juggle for resources, and the effort to be on top of technical matters. At least some of the anger Smith showed at Kafer reflects scars he had already borne. That his treatment of Kafer brought reflex condemnation from familiar critics probably did not make him review his response.

Yet almost everyone agrees that Kafer is a goodie, whether as an officer, a manager of people, and of things, as a person sensitive to problems and pressures on young cadet officers.

Smith's instinct - that it was unfair on the victim of the Skype affair that proceedings against her for unconnected offences were not suspended - was not an unreasonable opinion, even if he might have deferred to the command and pastoral opinion of a man as experienced as Kafer. There's no right or wrong with opinions. No one died as a result of Smith having his own. If his attachment to them (and reluctance to allow the report to see the light of day) seem now bullying, vindictive and unworthy so far as it affected Kafer, that can yet be undone without having to burn Smith at the stake.

It's obvious that the reputational damage to Kafer is now undone. Bruce Kafer is entitled to think that he has been thoroughly vindicated and exonerated. The review, from what little we are allowed to know about it, appears to reinforce ordinary chain-of-command systems and procedures, and the essential fairness of what Kafer did.

Some of those crying for Smith's blood want the case to be an object lesson which will warn off future ministers from having strong views about the need for the services to get their act in order, or ever interfering in service disciplinary matters again. With or without Smith it would be a management and political catastrophe if that occurred, or were seen to have occurred. Our generals, our admirals and our vice marshals have yet to earn that trust, or even, at this stage of the nation's history, to prove that they are more on top of their job than the politicians are at theirs.

This War Can't Be Left To Generals