How well did ADF Legal Officers in Afghanistan perform their task? And the right to silence a focus in High Court decision
Justice Brereton’s report into alleged war crimes by our special forces in Afghanistan is triggering a lot of discussion around failures in lines of accountability. It raises questions about on-the-ground Australian Defence Force lawyers, the very people who are meant to be experts in the Laws of War. And the Right to Silence. The High Court of Australia quashes a conviction and orders a retrial because the trial judge made comments to the jury about the accused’s decision not to give evidence.