ANOTHER CASE OF NON-EXISTENT MILITARY JUSTICE

They ignore all principles of justice. They ignore the outcome of several official enquiries. NOTHING will make them admit wrongdoing. And if it can happen to military top-brass, what chance has the little guy got?

A former air commander of Australia, Peter Criss, has accused the chief of the Defence Force, Air Chief Marshal Angus Houston, of selectively and misleadingly quoting from a private letter to excuse himself from a military justice scandal. Air Vice Marshal Criss's anger is based on Defence's continuing refusal to publicly apologise to him for his summary removal from his post on false grounds - as was recommended by a high-powered internal review more than four years ago.

A more recent review by a former inspector-general of intelligence and security, Bill Blick, was the third into Air Vice Marshal Criss's case. It also lambasted the military justice system and urged a quick resolution of the matter. Nine months after Mr Blick's report, the current custodian of the military justice system, Air Chief Marshal Houston, is refusing to apologise for Air Vice Marshall Criss's mistreatment. Asked about the case on Friday, Air Chief Marshal Houston brandished a letter written to Air Vice Marshal Criss by his predecessor as defence chief, Admiral Chris Barrie, in December 2001. In the letter, Admiral Barrie "apologised unreservedly" to Air Marshal Criss for the manner in which his relief of command was handled, Air Chief Marshal Houston said.

An exasperated Air Vice Marshal Criss told the Herald: "Admiral Barrie's highly qualified apology brought no lasting satisfaction because, within six months of him privately writing it, he totally reversed his position. "Bill Blick's report exposes this hypocrisy for what it was." In a May 2002 direction to Defence lawyers - made just before he retired - Admiral Barrie said Air Vice Marshal Criss's removal was not related to "any shortcoming of process".

Mr Blick was highly critical of Admiral Barrie's instruction, saying it "lacked logic" and was a "complete reversal" of his stance outlined in the December 2001 letter to Air Vice Marshal Criss.

The Criss case, like many in the military justice system, raised hopes - only to be crushed as decisions were inexplicably reversed to protect Defence's reputation. Air Vice Marshal Criss was removed without explanation in 1999 and without the opportunity to argue his case. A review by a retired Supreme Court justice and a retired senior naval officer ordered in July 2001 that Air Vice Marshal Criss be paid substantial compensation and receive a public apology. But Admiral Barrie appointed an officer - Lieutenant-General Des Mueller - adversely mentioned in the report to review it. General Mueller subsequently exonerated himself and the Defence Force of any wrongdoing.

"This case consists of maladministration piled on top of maladministration, piled on even more maladministration," Air Vice Marshal Criss said yesterday. "Defence needs to use its initiative, publicly admit to its multiple mistakes and abuses, set the record honestly straight and let all concerned get on with life."

Report here



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