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muddy boots .....Last Friday, Prime Minister John Howard officiated at the launch of Peter Cosgrove’s biography, ‘My Story’. As we all know, Peter Cosgrove is the former Chief of the Australian Defence Force, who retired last year, after a military career spanning 40 years. There can be no argument with the fact that Peter Cosgrove was an outstanding Australian soldier. He was brave, professional & popular: a Duntroon graduate; recipient of the Military Cross in Vietnam in 1969. Cosgrove was appointed as Commander of the INTERFET peacekeeping force in East Timor in 1999, subsequently became Chief of the Australian Army & was ultimately promoted to the role of Defence Force Chief in 2002. According to HarperCollins Publishers Australia, his publisher, “General Cosgrove is not a man who flinches from telling it how it was. In these highly anticipated memoirs, the former Australian of the Year looks back over his respected and decorated military career with wit and warmth on top of the steel that made him one of Australia's most popular and widely recognised military leaders ….. the General cemented his reputation as a modern-day warrior chieftain as he displayed those characteristics we value most as Australians - strength, determination, intelligence, compassion and humour.” John Howard’s adulation was no
less fulsome: “There is no doubt, of course, that Peter Cosgrove's finest hour
was the successful INTERFET intervention in East Timor. This was, after
all, Australia's largest military involvement by far since Vietnam. And it is
easy now with the distance of time to feel as though there was never any real
challenge and that it was all inevitably going to happen as it ultimately
did. Of course that was never the case and the fact that it proved to be
a superbly successful intervention was greatly to the credit of General
Cosgrove and, of course, greatly to the credit again of the superb training that
our young officers received." And still on East Timor, Howard said: “It was a superbly successful operation, it was an operation that had the overwhelming support of the Australian people and it's an operation which reflected the best qualities in the modern Australian Defence Force, a mixture of military skill and commonsense and compassion and an understanding that winning the hearts and minds of people in those situations is just as important as maintaining the peace and winning the military conflict.” In the face of such praise, the success of Peter Cosgrove’s book is doubtless guaranteed. And that’s not all. Having made a smooth transition from the military to the corporate world as a Director of Qantas, Peter Cosgrove has also been mooted as a possible future Governor-General. Unfortunately there remains a potential blemish to this dazzling success story that will simply not go away: unresolved allegations of torture & possible murder by members of the Australian Army in East Timor in 1999. Correspondence with the Prime Minister, the Defence Minister, Robert Hill, as well as Generals Cosgrove & Leahy, over the past 21/2 years, has elicited repeated assurances that such serious allegations remain under investigation, even though it is now 7 years since the alleged incidents occurred. A year ago this week, I wrote a background piece on these allegations called 'his name was Yani Ndun' (see this link node/1865) wherein I detailed the failure of the Howard Government, the then Minister for Defence, Robert Hill, the Defence establishment & the Australian Army to effectively address the allegations. In March of this year, following his appointment as Minister for Defence, I wrote to Dr Brendan Nelson, asking him to confirm the status of the investigations. Last month I received a reply from Aldo Borgu, Dr Nelson’s Principal Adviser, informing me that: “The matters you have raised are currently being examined, and I will write to you again when I have further information”. Over the past 7 years, Peter Cosgrove rose from the Commander of INTERFET forces in East Timor to Chief of the Australian Army & then to Chief of the Australian Defence Force, before retiring from active service last year. Since then he has written a book on his life & launched a 2nd successful career in the corporate world. For the past 3 years, Australia has participated in a war against Iraq; a war that gave us, amongst other things, the obscene experience of Abu Ghrab. When interviewed by Andrew Denton in August last year, Peter Cosgrove was invited to share his thoughts on Abu Ghraib ….. PETER COSGROVE: Yep. Ah...Abu Ghraib was a real, that was a low point, a low point. I think THE low point is the men and women who lost their lives in the Sea King tragedy. But a low point was the Abu Ghraib thing. I couldn't believe that...an element of the US armed forces would be involved in an improper way like that looking after detainees. I can understand that you don't...mollycoddle people who are detained for one reason or another. But that's light years away from maltreating them. And simply, as that emerged...it sent ripples...through all of the US armed forces, through the United States, through the whole alliance and understandably here in Australia. And...to that degree we were surprised, caught by surprise. ANDREW DENTON: In war, is torture a legitimate... PETER COSGROVE: No, absolutely not. How is it then that the US government managed to investigate Abu Ghraib & charge & convict some members of its Armed Forces for the torture of detainees, whilst similar, much older allegations against members of the Australian Army are still being “examined”. The failure of the Howard government to energetically & openly investigate the sordid allegations against members of the ADF is hardly surprising, given its track record. However, that failure can only add credence to the allegations, whilst further damaging the reputation & credibility of the ADF, its past & present leadership, the Defence establishment & Australia’s reputation. Harper Collins claims that Peter Cosgrove has displayed characteristics that “we value most as Australians - strength, determination, intelligence, compassion and humour.” Whilst such “characteristics” are commendable, surely Australians, including Peter Cosgrove, believe that the fundamental values of truth, integrity & justice are far more critical to the maintenance of our nation’s health? Every Australian knows the Peter Cosgrove story. Surely the time has come for them to know the story of the missing Yani Ndun?
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Buckleys and Nunn
Don't forget, John, that Cosgrove is the figurehead for S.A. Naval Recruitments (which role of course he acts from Sydney). I've just reread your original blog (cached version here in case you have link probs like I did).
Yes, it appears long overdue that some public statement over this issue is raised. The fact that no explanation has been proposed makes a cynic wonder exactly what details of the event are considered too sensitive for the stomachs of a pre-election public? I don't like our chances of finding out before the end of next year.
Awareness of such a situation makes one wonder what other information is being suppressed.
true hubris .....
Thanks for your tip re the link Richard .... which I've now amended.
You're right of course. No way will the rodent's government give out any information on this matter & after 7 years, we must assume there is substance to the allegations.
Howard, Hill, Nelson & the Defence establishment have conspired to cover-up this matter & in doing so, have tainted the ADF & every one of its members.
I believe that Cosgrove will come to regret the fact that he allowed himself to be compromised by the government, as with so many others who have traded their integrity to sup with the devil.
It never ceases to amaze me how politicians - even brilliant creatures like Howard - actually believe that they can lie & coverup their lies & that no-one will ever know.
True hubris ....
postscript - east timor .....
The saga of the 7 year old ADF investigation into allegations that members of the SAS had tortured & murdered suspected members of the Indonesian Militia in East Timor in 1999 continues …..
Today I received further correspondence from Aldo Borgo, Principal Adviser to the Minister for Defence, Dr Brendan Nelson MP.
Mr Borgo advised as follows:
“Following new allegations in October 2003 that Australian soldiers had assaulted and mistreated suspected militia personnel arrested on 22 September 1999, the Navy Investigation Service (NIS) was tasked to investigate the matter. However, the NIS was restricted in their ability to interview certain individuals and to conduct inquiries outside Australia. The Australian Federal Police, who had been assisting the NIS, increased their involvement in support of the investigation and continued conducting inquiries in Australia, Timor and Indonesia. The investigations by the Australian Federal Police has been completed and the results have been passed to the Head of Defence Legal Branch for review and comment.”
Given the above, I today replied to Mr Borgo’s letter as follows:
Dear Mr Borgo
Re: Allegations of torture & murder made against members of the SAS
in East Timor in 1999
Thank you for your letter of December 21, 2006 regarding the above matter.
Whilst I appreciate receiving the additional information contained in your letter, it is of limited value and raises additional grounds for concern regarding the apparent failure of the ADF to initiate and complete adequate and timely investigations into the allegations over the past seven years.
As I’m certain the Minister for Defence appreciates, that apparent failure continues to reflect poorly on the ADF and its members, as well as the government, whilst the ongoing lack of transparency surrounding the investigations and their status serves only to undermine public confidence in the ADF and the government.
More specifically:
You advise that the NIS was requested to investigate the matter, after ‘new’ allegations were made against members of the SAS in October, 2003, but that the NIS was “restricted” in its ability to pursue enquiries outside Australia.
1. Given that the source of the original 1999 allegations and the fresh allegations made in 2003 were made by alleged former members of the Indonesian militia and non-Australian members of the UN Interfet forces, all living outside Australia, why was the NIS tasked with the investigation by the ADF in the first place?
2. Whilst you mention that the AFP had been assisting the NIS with its investigations, at what point was the AFP specifically requested to pursue the investigations outside of Australia on behalf of the NIS?
You advise that the AFP has completed its investigations into the allegations.
Could you please confirm:
1. the date that the AFP completed its investigations?
2. the date that the results of the AFP’s investigations were passed to the ADF?
3. whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview Messrs Jao Ximenes, Caetano de Silva, Johnny Rohiede, Luis Heru and Lorenzo Gomes, former prisoners of the ADF in East Timor, as to their alleged mistreatment by the ADF and the circumstances surrounding the alleged mistreatment and disappearance of Mr Yani Ndun, and whether witness statements were obtained from these individuals?
4. whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview the non-Australian members of the UN Interfet forces, including members of the New Zealand Armed Forces, who allegedly witnessed mistreatment of ADF prisoners in East Timor, and whether witness statements were obtained from these individuals?
5. whether the results of the AFP investigations (or those of any other party involved in the investigations over the past seven years) will be made public?
If the results of the AFP investigations are to be made public, when will that occur?
You advise that the results of the AFP investigations into the allegations have been passed to the Head of Defence Legal Branch for review and comment.
Could you please confirm:
1. whether the results of the AFP investigation included specific conclusions, material evidence and recommendations for action against members of the ADF?
2. when it is expected that the Defence Legal Branch will complete its review of the AFP investigation results?
3. next steps to follow the completion of the Defence Legal Branch’s review?
4. whether the review by the Defence Legal Branch of the results of the AFP’s investigations will be made public?
5. if the results of the review by the Defence Legal Branch are to be made public, when will that occur?
Thank you again for your letter and the information contained therein and I look forward to receiving your further response to the questions I have raised.
Sincerely,
John Richardson.
those muddy boots .....
July 1, 2007.
The Hon Dr Brendan Nelson MP,
Minister for Defence,
Parliament House,
CANBERRA. ACT. 2600.
Dear Dr Nelson,
Re: Allegations of torture & murder made against members of the SAS
in East Timor in 1999
Your government claims to have been pursuing investigations into allegations of torture & murder, made against members of the SAS serving in East Timor in 1999, for almost 8 years.
In December, 2006, your Principal Adviser, Mr Aldo Borgo, advised that:
“Following new allegations in October 2003 that Australian soldiers had assaulted and mistreated suspected militia personnel arrested on 22 September 1999, the Navy Investigation Service (NIS) was tasked to investigate the matter. However, the NIS was restricted in their ability to interview certain individuals and to conduct inquiries outside Australia. The Australian Federal Police, who had been assisting the NIS, increased their involvement in support of the investigation and continued conducting inquiries in Australia, Timor and Indonesia. The investigations by the Australian Federal Police has been completed and the results have been passed to the Head of Defence Legal Branch for review and comment.”
Following receipt of that advice, I wrote to Mr Borgo, requesting further information on the matter & raising fresh concerns regarding the conduct of the investigations. To-date I have received no response.
Could you please take immediate steps to address the questions I put to Mr Borgo in my letter of January 1, 2007, namely:
1. Given that the source of the original 1999 allegations & the fresh allegations made in 2003 were made by alleged former members of the Indonesian militia & non-Australian members of the UN Interfet forces, all living outside Australia, why was the NIS (Navy Investigation Service) tasked with the investigation when it was not empowered to undertake investigations outside Australia?
2. On what date was the AFP (Australian Federal Police) specifically requested to pursue investigations outside of Australia on behalf of the NIS?
3. On what date did the AFP complete its investigations on behalf of the NIS?
4. On what date were the results of the AFP’s investigations passed to the ADF?
5. Could you please confirm whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview Messrs Jao Ximenes, Caetano de Silva, Johnny Rohiede, Luis Heru & Lorenzo Gomes, former prisoners of the ADF in East Timor, as to their alleged mistreatment by the ADF & the circumstances surrounding the alleged mistreatment & disappearance of Mr Yani Ndun, & whether witness statements were obtained from these individuals?
6. Could you please confirm whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview the non-Australian members of the UN Interfet forces, including members of the New Zealand Armed Forces, who allegedly witnessed mistreatment of ADF prisoners in East Timor, & whether witness statements were obtained from these individuals?
7. Could you please confirm whether the results of the AFP investigations (or those of any other party involved in the investigations over the past seven years) will be made public?
If the results of the AFP investigations are to be made public, when will that occur?
8. Could you please confirm whether the results of the AFP investigation included specific conclusions, material evidence and recommendations for action against members of the ADF?
9. Could you please confirm when it is expected that the Defence Legal Branch will complete its review of the AFP investigation results?
10. Could you please confirm the anticipated next steps to follow the completion of the Defence Legal Branch’s review?
11. Could you please confirm whether the review by the Defence Legal Branch of the results of the AFP’s investigations will be made public?
If the results of the review by the Defence Legal Branch are to be made public, when will that occur?
The failure of the Defence Forces & your government to complete a full, timely & transparent investigation into these allegations has thus far succeeded only in tarnishing the reputation & standing of our Defences Forces personnel & must inevitably give rise to suspicions that your government has & is deliberately perpetrating a cover-up of these most serious allegations.
I look forward to your immediate response on this matter.
Sincerely,
John Richardson.
unfinished business .....
The Hon Joel Fitzgibbon MP,
Minister for Defence,Parliament House,
CANBERRA. ACT. 2600. December 16, 2007.
Dear Sir,
Re: Allegations of torture & murder made against members of the SAS in East Timor in 1999
As you may be aware, the previous Australian government was allegedly investigating allegations relating to the mistreatment of detainees by Australian INTERFET soldiers in East Timor in 1999.
The investigations were allegedly intended to address: ·
- 18 allegations of torture against members of the ADF;
- allegations of torture by members of the ADF, made by British & New Zealand military personnel &
the disappearance & possible murder of an ADF prisoner, Mr Yani Ndun.
For more than three years I have corresponded with two Ministers for Defence, former Senator, Robert Hill, & the current Leader of the Opposition, Dr Brendan Nelson; various senior officers of the ADF & officials of your Department, seeking more specific details of the allegations & clarification as to the status of the alleged investigation.
The above correspondence has produced little more than official prevarication, with the most recent communication from Mr Aldo Borgo, Principal Adviser to the previous Minister for Defence, confirming in December, 2006:
“Following new allegations in October 2003 that Australian soldiers had assaulted and mistreated suspected militia personnel arrested on 22 September 1999, the Navy Investigation Service (NIS) was tasked to investigate the matter. However, the NIS was restricted in their ability to interview certain individuals and to conduct inquiries outside Australia. The Australian Federal Police, who had been assisting the NIS, increased their involvement in support of the investigation and continued conducting inquiries in Australia, Timor and Indonesia. The investigations by the Australian Federal Police has been completed and the results have been passed to the Head of Defence Legal Branch for review and comment.”
Following receipt of that advice, I wrote to Mr Borgo on January 1, 2007, requesting further information on the matter & raising fresh concerns regarding the conduct of the alleged investigations, as follows:
“Given that the source of the original 1999 allegations & the fresh allegations made in 2003 were made by alleged former members of the Indonesian militia & non-Australian members of the UN Interfet forces, all living outside Australia, why was the NIS (Navy Investigation Service) tasked with the investigation when it was not empowered to undertake investigations outside Australia?
On what date was the AFP (Australian Federal Police) specifically requested to pursue investigations outside of Australia on behalf of the NIS? On what date did the AFP complete its investigations on behalf of the NIS?
On what date were the results of the AFP’s investigations passed to the ADF?
Could you please confirm whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview Messrs Jao Ximenes, Caetano de Silva, Johnny Rohiede, Luis Heru & Lorenzo Gomes, former prisoners of the ADF in East Timor, as to their alleged mistreatment by the ADF & the circumstances surrounding the alleged mistreatment & disappearance of Mr Yani Ndun, & whether witness statements were obtained from these individuals?
Could you please confirm whether the AFP (or any other party involved in the investigations over the past seven years) sought to interview the non-Australian members of the UN Interfet forces, including members of the New Zealand Armed Forces, who allegedly witnessed mistreatment of ADF prisoners in East Timor, & whether witness statements were obtained from these individuals?
Could you please confirm whether the results of the AFP investigations (or those of any other party involved in the investigations over the past seven years) will be made public?
If the results of the AFP investigations are to be made public, when will that occur?
Could you please confirm whether the results of the AFP investigation included specific conclusions, material evidence and recommendations for action against members of the ADF?
Could you please confirm when it is expected that the Defence Legal Branch will complete its review of the AFP investigation results?
Could you please confirm the anticipated next steps to follow the completion of the Defence Legal Branch’s review?
Could you please confirm whether the review by the Defence Legal Branch of the results of the AFP’s investigations will be made public?
If the results of the review by the Defence Legal Branch are to be made public, when will that occur?”
I received no response from Mr Borgo & my questions remain unanswered, as do the original allegations.
With the recent defeat of the Howard government & your appointment as Minister for Defence, I am hoping that my outstanding enquiries will be addressed in a meaningful & constructive fashion?
The failure of the Defence Forces & the previous government to complete a full, timely & transparent investigation into these allegations has thus far succeeded only in tarnishing the reputation & standing of our Defences Forces personnel & must inevitably give rise to suspicions that it deliberately perpetrated a cover-up of these most serious allegations.
Thank you for considering my representations & I look forward to receiving your early response on this matter.
Sincerely,
John Richardson.
CC: The Hon Kevin Rudd MP
same old, same old .....
The Hon Joel Fitzgibbon MP,
Minister for Defence,Parliament House,
CANBERRA. ACT. 2600. May 3, 2008.
Dear Sir,
Re: Allegations of torture & murder made against members of
the SAS in East Timor in 1999
Thank you for letter of April 18, 2008.
As you are aware, I have been pursuing the Department of Defence & the Australian government for basic information regarding the investigation of allegations of mistreatment of detainees by Australian INTERFET soldiers in East Timor in 1999, for more than four years.
My enquiries to two Ministers for Defence, former Senator, Robert Hill, & the current Leader of the Opposition, Dr Brendan Nelson, various senior officers of the ADF & officials of your Department have been treated with contempt throughout, as no meaningful response to any of the questions I’ve posed has ever been forthcoming.
Sadly, any expectation that I may have had that the election of the current Labor government would result in a more forthright & open response to my enquiries has been dashed by your delayed response to my correspondence. Indeed, your response lends weight to the saying that ‘we can vote for any party we like, but we’ll still get the same government’.
Your expressed hope that your letter would ‘allay my concerns’ is simply laughable, given that it offered nothing of substance in response to my questions & succeeded only in confirming the willingness of your government, the Department of Defence & all others involved in this tawdry affair to do everything within their power to continue to conceal the facts & the alleged ‘investigations’ from the Australian public.
The fact that your Department is prepared to rely on the outcome of unspecified investigations allegedly undertaken by the AFP, given their recent record, is damning evidence of either its incompetence or a determination to engage in a deliberate cover-up of the affair.
Every day our politicians plead with us to ‘trust them’, whilst steadfastly refusing to trust us. Any government that does not trust its constituents not only cannot be trusted but doesn’t deserve to be.
Under the circumstances, I will obviously have to pursue the answers to my questions by other means.
Sincerely,
John Richardson.
CC: The Hon Kevin Rudd MP, Prime Minister
The Hon Dr Mike Kelly MP, Member for Eden-Monaro
----------------------------------------------------
Minister For Defence
The Hon Joel Fitzgibbon MP
April 18, 2008.
Dear Mr Richardson,
Thank you for your letter of 16 December 2007 concerning the allegations of detainee abuse against Australian Defence Force (ADF) personnel serving in East Timor in 1999. I hope this letter contains the information you are seeking and satisfies your queries.
I regret the delay in responding. However, as this issue has been long running and the subject of several investigations, a thorough analysis of the information was required.
I’m advised that from the outset Defence took these allegations very seriously. When a single allegation was made in 1999, it was immediately investigated and found to be not substantiated. In 2000, new allegations of mistreatment were made and a comprehensive Australian-led investigation was launched that also involved Rotal Australian Navy (RAN) and Royal Australian Air Force investigators, the Defence Legal Service and the Australian Federal Police (AFP). There were 19 allegations in all, ranging from gender harassment, excessive use of force and denial of medical treatment. The result of this investigation was announced by the Chief of Army, Lieutenant General Peter Leahy, in April 2004. This was a very thorough investigation, involving interviews with 350 people in four countries at a cost of $130,000. Further information about this investigation can be found on the Defence website at the following address:
http://www.defence.gov.au/media/2003/ACF1848.doc
I am advised that five months after this investigation was completed, new allegations were brought to the attention of Defence through the SBS program Dateline. This program raised new allegations specifically related to the alleged murder of Mr Yani Ndun. The ADF then launched another investigation. Until the matter was raised by Dateline, these new allegations had not been reported to the UN Serious Crimes Unit, the Australian Army or any relevant authority.
To avoid any suggestion of bias, the Army asked RAN to conduct the investigation as the allegations centred solely on Army personnel. The Naval investigation was to be conducted by the Naval Investigative Service (NIS). However, soon after this investigation started, the NIS realised their investigation would be constrained because of limitations under the Defence Force Discipline Act 1982 which constrained their search powers. Thus, to ensure a full and proper investigation of these matters, the investigation was subsequently led by the AFP.
With regard to your questions, I will address each issue separately. The NIS is empowered to undertake investigations outside Australia. As I have previously said, as the investigation developed, the NIS found aspects of their search powers were limited and then sought to transfer the investigation to the AFP so it would be possible to conduct the investigation in a thorough manner.
I can advise you that the AFP was asked to take the lead in a joint investigation on 6 July 2004. The AFP notified Defence that its investigation was completed on 11 January 2006. It was also on this day that the AFP advised Defence of the outcomes of this investigation.
As to your series of specific questions regarding the outcome, details and circumstances of the AFP investigation, I cannot respond to all of these as the AFP report to Defence discloses operational details the AFP has directed be protected. I can advise that the AFP conducted interviews in East Timor with local nationals but that the identities of those interviewed will not be disclosed. Over 130 members of the ADF were also interviewed. The AFP has not reported to Defence what interviews were conducted with International Security Force staff. Since the AFP inquiry found no case existed Defence considered the matter closed, pending of course the presentation of new evidence. As I indicated earlier, the results of the initial investigation are publicly available on the Defence web site. I can confirm no evidence was identified that the six detainees were mistreated by Australian troops. Further queries about the AFP’s investigation will, by necessity, delve into areas of operational techniques and are best directed to the AFP Commissioner.
As advice provided by the Defence Legal Branch is the subject of legal professional privilege, I can only confirm for you that the Defence Legal Branch has provided advice to the Chief of the Defence Force (CDF). The CDF has considered this advice and there are no plans for a public release of this information.
I trust this letter will allay your concerns. I’m assured that Defence has taken this matter very seriously from the outset and I can assure you that at no stage was evidence provided that corroborated the very serious allegations made by the SBS program Dateline in 2003.
Yours sincerelyJoel Fitzgibbon
more muddy boots .....
Three separate investigations are under way into allegations that Australian troops maltreated Afghan civilians who were captured during a raid on a bomb-making operation on April 30.
The Chief of Defence Force, Air Chief Marshal, Angus Houston, said an initial inquiry carried out in the country by the ADF indicated there was no truth in the allegations. However, he had immediately sent two teams to Afghanistan to investigate further.
One team consists of military police, who he said would thoroughly investigate the allegations. The second team would carry a longer-term administrative investigation to see if any issues emerged that needed to be dealt with.
The International Security Assistance Force in Afghanistan has also launched its own investigation, headed by a British colonel. Air Chief Marshal Houston said the allegations related to a raid carried out by Australian troops on the bomb-making operation just north of the Australian base at Tarin Kowt.
Inquiries Into Abuse Claims By Taliban
so, our fearless defence leaders have announced yet another 9 year investigation into allegations made against members of the ADF …..
I say 9 years, as that is how long the Australian government has conspired to deny the Australian people the truth about even worse allegations made against the ADF, regarding abuse & murder of detainees in East Timor, way back in 1999.
Labor’s defence minister has already shown himself to be just as keen to sweep the truth under the carpet as his predecessors, Dr Brendan Nelson & former Senator “high-jump” Hill.
This latest “investigation” has as much chance at getting at the truth as all the others before it.
For those who might be interested in the sordid record of our government & the defence forces in such matters, read In search of Yani Ndun or the postscript muddy boots …..