"the killings were accidental, not deliberate"

The truth of this depends on exactly how you define the words.

But almost one of the first things I learnt in my legal studies is how the law treats the situation of bank robbers who burst into a bank with guns blazing (but without taking aim at anyone), and kill people "accidentally". And I'm sure the situation of bank robbers who burst into a bank and throw grenades around is just the same, exactly what common sense would suggest.

Jeremy, With your ,"exactly what common sense would suggest",example, are the customers firing back and throwing grenades at the robbers?

Jeremy, you leaches and parasites, sometimes known as lawyers, drool over such incidents. What would you have done in a forward position in Afghanistan if suddenly someone in a house began shooting to kill you and the accompanying diggers? You would take time off to consider all the niceities of law for such situations. You wouldnt act before looking for definitions, would you? And if you didnt have the volumes at hand you'd radio back to HQ to hurry and send in the required law books wouldnt you? How would you settle the situation these Aussie commandos foundthemselves in?

But then, Jertemy, you wouldbe the last person to volunteer for such a dangerous life threatening role. Whilst you languish in the comfort and security these diggers provide you it is ok to slander them in this way. Its ok with you. I am finding it hard to define the sort of words to describe the sort you lot are. Words fail me.

socratease

Hi all...

'JEREMY', I understand you view the events as disclosed herein from that of a legally trained individual. And I respect that.

However, the law as we know it in peaceful Australia, has little or no relationship to that which exists in a state of war.

True, Soldiers are somewhat regulated by 'Rules of Engagement' as we were in South Vietnam. But those 'RoE' fly out the window when you are involved in a 'Contact', you can bet on that !

'RoE' are determined (often) by those individuals who have NEVER been 'outside the wire'. And who have little or no knowledge of what exactly happens during a Contact !

This high ranking lady Brig., no doubt an eminent silk to be sure, has carefully framed manslaughter charges against these three blokes.

From, I would suspect, ensconced in the quiet Air Conditioned comfort of her office.

This venerable Lady has decided after considerable deliberation, that these charges are the most appropriate, without EVER knowing or experiencing the abject fear and dread associated with being actively involved in a Contact !

I have, and you can believe me, things can go chaotic in seconds !

Of course, I wasn't there. Nor I suspect, was this Brig. or her many legal advisers ?

And the preparatory enquiries mounted by the Provosts, would prove very little anyway. As most provosts (and I say this with respect) are generally NOT engaged in duties, 'outside the wire'.

If these three are convicted of manslaughter, well.................?
God help the future of this country.

Cheers...Sung Wu.

O Sung Wu, I congratulate you on your measured and elegant use of rhetoric.

You are ofcourse quite right.
The female Brigadier in the security and the comforts provided by men like the commandos is quite prepared to bite the hands that protect her. She has no experience of close quarter combat against an enemy like the Taliban and what to do in the same dilemma the commandos if ever she found herself in. This is what you get by putting a woman in such a position of authority.

She should be prosecuted by public opinion for total disrespect and lack of understanding and sympathy for men like the three commandos she wants to prosecute in a court marshal.Is she trying to gain publicity to promote her own ambitions?

If she has such a regard for the safety of children she should ask herself who put the children in such a dangerous position and exploited them. Did the men know there were children in the house being made to form a shield to hide the cowardlky animal. What has the Taliban sunk to that they are will stoop to use children as shields and hide behind them?

socratease

Ah. Oh Sung Wu.

This event probably gives you some perspective on the sensitivities of many a scummy “Crim” gone before your eyes during one of your other varied occupations previously mentioned: as they were marched to the Persecution Chambers of the DPP. Ring a bell? Dwell on that for a while!

Oh what a feeling, Toyota.