38. Mefloquine Dispatches: Protected Information & Confidentiality @DVSRC, 27th June 2022

It isn’t my bag, Commissioner… Yet here we are.

I didn’t participate in the early hearing blocks of the Royal Commission into Defence and Veteran Suicide. I understood that listening to the stories of other witnesses would be traumatic. I understand I can get triggered. I was being very careful.

Over the past fortnight, I have been following the proceedings with much interest. It’s my old outfit. 3 Brigade (I didn’t connect with the 3rd Combat Brigade rename). After 25-years absence I thought that with time and distance it would be enough to insulate me from further triggers.

I was very wrong.

This would be a wonderful segue into my specific topic of interest. Mefloquine. Just a note. Tafenoquine is a relevant subject too and I thought it would have been discussed in Townsville.

Wrong, on both accounts.

Yet, something else came up watching the Royal Commission. If you were watching it as a veteran or currently serving member it should send chills down your spine. According to the witness testimony this week they apparently interviewed more than a 100 people in Townsville during the fortnight of hearings. Via Transcript Day 5 − Townsville, 24 June 2022. Excerpt:

CHAIR:  Good morning, Mr Gray, Mr Free.  We want to place a number of matters on the record today before we hear from you hopefully.  By way of background, and happy to place this on the record. Counsel and Solicitors Assisting us have requested this brief procedural hearing this morning.

The background is as follows: before our hearing program began, we were concerned to do everything we could to encourage serving and former members of the Defence Force to come forward with any information they considered relevant to our Terms of Reference, and to ensure that there would be appropriate arrangements in place for sensitive information so that they would face no risk of legal liability for sharing information with us.  This is a very important issue for the Royal Commission, as you can appreciate, and we want to ensure every protection is given to those who come forward with information.  In October last year we asked Solicitors Assisting to send the Commonwealth a proposed written arrangement to achieve this.  We were not proposing to elicit any protected information or even sensitive operational information; we simply wanted an unambiguous green light given to serving and former serving members to provide appropriate and textual information for us relating to their accounts about the circumstances of service that led to their experiences of suicidality or witnessing suicidality or witnessing risk factors in service without fear that by doing so, they could in any way get into trouble for revealing Defence‑related information.

As the Townsville leg came to an end Commissioner Kaldas, to his credit tried to reassure Veterans that any evidence you give to the Royal Commission won’t be prosecuted. He brought up the powers of the Royal Commission legislation to protect witnesses and the fact that General Angus Campbell made a public commitment to not prosecute anyone for giving evidence.

The Commonwealth have yet to offer such comfort to Veterans. In fact, their reticence comes in the same week as it was confirmed the Attorney General, Mark Dreyfus would allow the Commonwealth to pursue ATO whistle-blower Richard Boyle.

220624_Letter_MDreyfus_RBoyle

Just to be clear.

If you have no protected legal rights, you effectively have no rights. Other Veterans have tried to disclose sensitive information including war-crimes and have been subjected to severe legal ramifications. This includes David McBride. I can’t believe I’m backing an Officer, but we live in strange times.

As much as I appreciated the strong words by Commissioner Kaldas, the decision to pursue witnesses legally won’t be a decision for the Royal Commission or of the Australian Defence Force. It will be a Commonwealth matter.

As for the ADF, officers and the assurances of the General Campbell. I don’t believe him. So far, the fallout from the Brereton report into extrajudicial killings in Afghanistan elicited the following actions from the ADF in regards to Operation Slipper.

  • They forgave the officers and gave then legal immunity.
  • They dismissed or charged the Diggers. Some of these guys have since taken their own life.
  • They discussed disbanding units. Still pending.
  • They were about to remove the combat medals of Veterans. Still pending.

Good article here and a reminder that General Campbell actually commanded JTF633. Officers escape legal responsibility, but what about their moral accountability? I’m trying not to sound snarky, but I’ll just assume he forgave himself while also giving himself legal immunity. Also, he just had his CDF role extended by 2-years.

That was last Friday. On the second week the matter of confidentiality and protected information was raised in the morning then quietly dropped. It was an important session.

Here is the 27th of June 2022 AM Hearing List (note the 3.15pm session):

220627_Screenshot_DVSRC_Day6_TSV

This was the official version…

I immediately queried the change and received this response.

 

To sum up. I welcome the words of Commissioner Kaldas but they are just words. Without the same assurances from the Commonwealth, they are at best misleading, at worst plain wrong.

I’m all in but if you have given evidence or are considering giving evidence which might include sensitive information, I would seek some legal advice prior to submission. Just to be on the safe side.

On that note, be safe.

 

 

My daily reminder that as of 1st July 2022 it is the 360th day of the Royal Commission and we still haven’t discussed Mefloquine or Tafenoquine..