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1:57
Special Operations Robert
2:02
Pops at
2:04
Vietnam, the
2:06
team house with
2:08
your hope, Jack Murphy
2:12
and David Park. Hey
2:18
folks, welcome to episode 271 of
2:20
the team house. I'm Jack Murphy here with Dave Park.
2:24
Tonight on the show we have Ben
2:26
McKelvey. He is the author of Find
2:28
Fix Finish. He's also the author of
2:30
Massoul and The Commando. We're
2:33
going to be mostly talking about this
2:35
book tonight, which is about the Australian
2:37
Special Air Service Regiment, some
2:40
heroic actions that they took, and
2:42
also some allegations of war crimes
2:45
that we're going to go deep into. Right
2:48
before we get into that, I just want to
2:50
give a shout out to
2:52
our Patreon and I'd ask folks
2:54
out there listening or viewing this, click
2:57
the link down in the description for our
2:59
Patreon and consider sponsoring the show, supporting the
3:01
channel. You get access to
3:03
all these episodes ad-free when you sign up
3:05
and we really appreciate you guys helping this
3:08
thing keep chugging along. So
3:10
thank you. Ben, thanks
3:12
for coming on the show man. Hey
3:14
guys, how are you? Doing real good. Good.
3:18
Early morning there in Australia. Yeah,
3:21
it's a beautiful autumnal day
3:24
in Bondi Beach. Funny and gorgeous.
3:27
So Ben, before we get into the book, I want
3:29
to ask you a little bit about your background, how
3:33
you came into journalism, how you
3:35
came specifically into Australian
3:37
military national security journalism.
3:40
Yeah, I actually
3:42
just wrote a book about how I got
3:44
into journalism and how I got into
3:47
that national security stuff. I had
3:49
an aphasic stroke when I was when I
3:51
was 27. So I was
3:53
working in a magazine and I was boxing at the
3:55
time and then all of a sudden...
3:58
I couldn't sleep. I couldn't comprehend
4:01
language, couldn't read, couldn't write, went to hospital.
4:04
Oh my God. Had
4:07
a sort of recovery of a
4:09
number of months, going back into
4:12
comic books and young adult novels and
4:14
really sort of doing that language skills. Oh
4:16
my God. And
4:19
then I had done all
4:21
that and I was sort of conceiving a life
4:23
outside of the journalism life
4:26
that I already had. I was working at a men's magazine.
4:28
I was having a lot of fun with my friends.
4:30
I had actually done a little bit of work with
4:33
the commandos. I'd gone and done their barrier test for
4:35
a story. And then I'd also
4:37
done a sort of exercise with
4:40
them in the incident response regiment, which
4:42
was later SOA, the Special Operations Engineering
4:44
Regiment. And I'd gone to East Timor
4:46
in an embed and I've done a few little bits and
4:48
pieces, but that's what I really wanted to do. And
4:52
eventually I petitioned to the Australian
4:54
Defence Force to go to Iraq with them as
4:56
an embed. And
4:59
then while I was waiting on that
5:03
request, which I thought was a Hail Mary, even
5:05
where I was working, what I was doing, I
5:08
had a heart attack. And
5:11
it was a STEMI heart attack. So it was kind of like a pretty
5:14
serious incident. And I had had some
5:16
open heart surgeries afterwards. And
5:20
then I recovered from the last
5:22
surgery and I was,
5:24
you know, I'm 96 kilos
5:26
or something. I was in the sixties after
5:28
the surgery, you know, I was thin and
5:31
ill and couldn't even walk up my street. And
5:34
then I got an email from the Defence Force saying, okay,
5:36
come to Iraq in a few weeks. And
5:41
I went to my cardiologist, I went to my surgeon and
5:44
said, you know, I thought he was going to tell me
5:46
you can't do this. And
5:48
he's like, live your life, you know, which is a very
5:50
sort of surgeon attitude. They're like, I fixed you. He's like,
5:52
my work is good. You go to Iraq. And
5:58
then that sort of started it for me. Iraq and then
6:00
independently I worked as a freelancer and went
6:02
to Iran, Syria and Afghanistan for other bits
6:04
and pieces. And
6:07
then I worked, the
6:09
thing that really accelerated me in that
6:11
space was working on a
6:13
biography of Cameron Baird who you're aware
6:15
of, Jack. Yeah, yeah. How
6:19
did you know, how did you know of Cam or did you
6:21
know Cam? Did you have any interactions with him? No, I never
6:23
met him. I knew of him through
6:25
some of his teammates and people in the commandos
6:28
who knew him. And they
6:30
told me stories about how he'd cammo up
6:32
like the Incredible Hulk. And
6:34
he was big about charging out there and wanted
6:36
the enemy to see him and shoot at him
6:39
so he could shoot back. Just
6:41
like a larger than life kind of figure. He
6:44
really worked. I remember one of the first
6:46
interviews that I did with one of his
6:48
C.O.s was he always knew when they got
6:50
out of the helicopter which one was Beatty
6:52
because the soldiers were sort of moving forward
6:55
in a relatively uniform fashion and then Beatty
6:57
was just like, oh! Off
6:59
being a bullet magnet, you know. But
7:03
yeah, there
7:06
was this Special Operations Task
7:08
Group which was Australia's
7:12
special forces commitment to the war
7:14
in Afghanistan was large
7:17
and very kinetic but not
7:19
known about much in Australia at all.
7:21
No one had been embedded with the
7:23
special forces. We had this Protected Identity
7:25
Status Law meaning that they couldn't legally
7:28
speak to journalists about what they were
7:30
doing. And that was
7:32
the commandos and the SASR meaning and
7:35
so are everybody else associated. So
7:37
there was really a dearth of information as to what
7:40
the Australians had been doing in a risk game. And
7:42
then when I got the contract to
7:44
do the book about camera beds, the
7:46
posthumous book about camera beds had been
7:49
killed in combat. I
7:51
went to Holsworthy and started interviewing
7:53
the guys and I was completely
7:56
shocked. had
8:00
no idea. I kind of felt that I had
8:02
sort of been paying attention to
8:04
what had been happening in the war in Afghanistan. And
8:06
it was, it was a completely different story. And you
8:08
know, that was a thread that I sort of pulled
8:11
and pulled and pulled and I've been
8:13
doing that all the way to find
8:15
fixed finish. So you feel that the
8:17
Australian people were fairly naive about the
8:19
intensity of the combat that their soldiers
8:22
were getting into. Yeah,
8:24
I mean, not just that, you know,
8:26
there was a failure
8:28
not only within the public, but,
8:30
you know, on a political level
8:32
to understand just the basic tenor
8:34
of the conflict. I mean, even now, I mean,
8:36
my pet peeve is there'll be a news report
8:39
about the commandos on the drug job that they
8:41
had done. You know, a historical news report might
8:43
be related to war crimes or something else. And
8:46
then uniformly, when they're talking
8:48
about a gunfight, they they
8:51
refer to the Afghans as Taliban. And, you
8:53
know, sometimes they're fighting the Taliban
8:55
and sometimes they weren't. You know, it was just
8:58
I knew so little. I realized when I started
9:01
that book that I knew so little. And
9:03
that meant that most people in Australia
9:05
knew a little about the conflict that
9:07
we'd we'd sort of been
9:09
heavily involved in. And we only sort of
9:12
understood after the fact. I'm
9:14
just curious for you, because we've talked to
9:17
American journalists who were in veds with
9:19
U.S. forces. How were you
9:21
received when you first showed up? And
9:23
what was your relationship like with not
9:26
only the command structures, but the
9:28
individual soldiers themselves? I
9:32
think I was received better than most
9:34
because on my body armor,
9:37
I just slapped a Ralph
9:39
sticker, which had a, you know, sort of half naked
9:41
woman on the sticker. And
9:43
soldiers almost uniformly had Ralph
9:46
posters in tanks and on
9:48
their lines. And, you know,
9:50
so, you know,
9:53
journalists from ABC or 2GB or something like that, they
9:55
don't really give a shit. But it's like, oh, it's
9:57
the Ralph guy. I
10:00
know what that outlet is. So
10:04
the story that I ended up doing, I did a
10:06
piece for Ralph and then I did a piece for
10:08
the Western Australian newspaper and a piece for the Bulletin,
10:10
which was Australia's version of
10:12
Newsweek at the time. I
10:15
did a piece that was really
10:17
a soldier's eye view of things,
10:19
which up to find fixed finish
10:21
was sort of the way that
10:23
I operated, was from the perspective
10:25
of a soldier who's on the
10:27
ground, because I want to know what they
10:29
know. And then maybe I'll bring in some
10:31
information about contextually where
10:33
they are, but that's where I really
10:36
started from a biography background. And
10:38
that was my perspective up until find fixed finish.
10:41
To jump into find fixed
10:43
finish, if you can take us
10:45
a little bit back in time to a little history
10:47
lesson that you write about in your book about
10:51
there's this large
10:53
span of time for the special air
10:55
service regiment between the Vietnam conflict where
10:57
they served and the global
10:59
war on terror. Can you
11:02
tell us about the sort of like pre global
11:04
war on terror, special air service,
11:07
what their mission was, what their culture
11:09
was, and then leading us into the
11:11
Tampa? Yeah, well,
11:15
in Vietnam, they had sort of earned this moniker to go
11:17
to the jungle, you know, they were sort of some, you
11:21
know, there were special forces, as you would understand them to be.
11:24
They sort of they disappear and reappear and, you know,
11:27
and kill and no one has known where they've
11:29
been. And, you know, they really kind
11:31
of had this, this sort
11:33
of dangerous kinetic mission. And
11:36
then after Vietnam, there was a defense white
11:38
paper, an Australian defense white paper, which is
11:40
kind of a big deal, you know, it
11:42
only happens every, you know, sort of 10 to 15
11:44
years or something. And
11:46
I think the guys members called did brought
11:49
this white paper about the defense of Australia.
11:51
And there was a structure of the Australian
11:53
Defense Force that was dedicated on the defense
11:56
of Australia, which would
11:58
seem sort of, you know, obvious
12:00
and it sort of
12:02
makes sense. But that meant that we didn't
12:04
have much capacity for force projection. And
12:07
within a defence of Australia
12:10
structure, the SAS would sort of
12:12
primarily be engaged with doing
12:14
guerrilla warfare in northern Australia, which
12:16
is not particularly populated. And
12:19
there was even a program where they were
12:22
working with indigenous Australians to do demolitions
12:25
and things like that. So there's still a group
12:27
up there called North Force that they
12:30
get guys who are sort of traditional owners
12:32
of land and then engage them to work
12:36
in columns or in demolitions. Like sleeper cells.
12:39
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they eased in more than was the time
14:25
where they were seriously engaged. Some
14:28
of the quotes in the book is that they just spend a
14:30
lot of time wandering around in the desert counting train
14:33
cars. They secrete themselves in a position to
14:35
watch a train go by and then come
14:37
back. Their
14:40
main mission at the time was strategic
14:42
reconnaissance. Yeah, basically. That's
14:45
right. In Australia as
14:47
well, which is a large empty place. It
14:50
just meant being really good at being out for
14:52
a long time and then coming back with information
14:56
or whatever
14:58
the job was at the time. The
15:01
guys who were within the region, there was
15:03
a lot of people who ... It
15:06
wasn't an engaging
15:09
role for them. It was sort
15:11
of preparing for something that they thought probably was
15:13
never going to happen and it wasn't a
15:16
particularly explosive job. Then
15:20
Tampa happened. Tampa
15:26
was a ship that nearly came into Australian
15:28
waters with a lot of refugees. Refugees,
15:31
and they were mostly Afghan, had
15:34
come on an Indonesian fishing
15:37
vessel to try and come to Australia
15:39
illegally. Then their ship started
15:42
to sink and they put out
15:44
an SOS call. Then the Tampa
15:46
came and rescued them. Then a lot of them were
15:48
sick. The law of
15:50
the sea is that they need to be brought to
15:52
Australia so they can be given medical
15:55
treatment. There was a lot
15:57
of political ... at
16:00
the moment, as in, and actually at the moment,
16:02
about illegal migrants
16:04
coming into Australia. And
16:07
they had set up a policy where
16:09
they weren't going to let anyone come
16:11
into Australia. So when the
16:14
Tamper decided that they were going to come to Christmas Island,
16:16
which is the territory in Australia,
16:19
the government told them they couldn't. And then there ended
16:22
up being this standup. And
16:24
then the SAS
16:26
were actually sent to storm
16:29
the ship, because erroneously, there
16:31
were reports that, you know,
16:33
some of the refugees, I don't
16:35
think there were reports that they were armed, but that they
16:37
might have been dangerous. And, you know, they all had gastro
16:39
and they were all lying on the deck and they're all
16:42
exhausted and sick. And they'd been at sea for weeks and
16:44
weeks. So the SAS ended
16:46
up storming Tamper, and there was some
16:48
leaked photos and video of it. And
16:50
there's all looked very, very dramatic. But
16:54
in the book, I sort of mark that as
16:56
the moment where the SAS, to a
16:58
certain extent, became a political tool, because
17:00
only a few weeks later, 9-11 happened. And
17:03
as soon as 9-11 happened, the guys at Campbell
17:05
Barracks, where the SAS, started preparing for a mission
17:08
to go into Afghanistan. And
17:11
they were one of the first forces
17:13
after the Marines secured. I
17:16
can't remember which base it is. I'm sure you guys remember. Was
17:19
it Bagram or Kandahar? No,
17:22
it was in Kandahar. Yeah. Okay. Talk
17:24
to us a little bit about the
17:26
early GWOT years in Afghanistan, where the
17:28
Special Air Service really did some quality
17:30
work, in my opinion, based on what
17:32
I read in your book. Yeah.
17:36
I mean, basically, like
17:38
you said, they were doing reconnaissance. And, you know,
17:42
they were a few instances where they were working
17:45
with the Marines, primarily.
17:49
With the masses.
17:53
And he really loved their work,
17:55
because they would go out for such
17:57
a long time. You know, they would have reconnaissance teams. go
18:00
out for 10, 20 days. And I think some
18:02
of the FAFR teams went out for 50 or
18:04
60 days in
18:06
these sort of open top vehicles in the freezing cold,
18:08
you know, but they were so happy to get the
18:10
work that they were just meant, they were happy to,
18:13
you know, to just keep going
18:15
and going. And then they had
18:17
done a lot of instances where they had
18:19
identified targets, sat there, waited, looked
18:22
at the pattern of life, sent all the
18:24
information back and then there were either strikes
18:26
or there weren't strikes or, you know, a
18:28
larger force had come in and prosecuted the
18:30
targets. And they had done all that and then they
18:32
were given
18:34
a role that ended up being
18:37
relatively integral in
18:40
Operation Anaconda and, you
18:42
know, where Roberts
18:45
Ridge and all
18:47
of that activity happened. But the primary
18:50
Australian force was working, Ridge was
18:52
working as a blocking force with
18:54
other international special forces, but there
18:56
was one team that was
18:59
in this position that was just sort
19:01
of perfect for bringing in air
19:04
and ordnance. And they did that day after day after
19:06
day after day after day, you know,
19:08
without having any direct confrontation with
19:10
the enemy bringing in this ordnance.
19:12
But that was at the time
19:14
a sort
19:16
of perfect SAO mission. You know, that's what
19:19
they were really good at and they
19:21
had executed that really well. But
19:24
that sort of mission moves on because technology moves
19:26
on, you know, with drones and the sort of
19:28
satellite technology that we have now, you
19:31
don't need as much of that. So then their
19:33
capabilities and their mission has
19:35
changed. And
19:38
so with that, if we fast forward
19:40
a few years, is
19:44
it Earth's GAN province? Yeah.
19:47
Talk to us about, you know,
19:49
Sasser landing in
19:51
that province, their
19:54
first ops in April 2006 and
19:56
then their relationship with the Dutch were
19:58
also in trouble. of that sector. Yeah,
20:02
I mean, the Dutch came in a little later. So
20:05
Australia had put their hand up to say that
20:07
they would be part of ISA,
20:09
of the International Security Assistance Force.
20:13
But we didn't know, or the Australian government didn't
20:15
know exactly where that force was going to end
20:17
up and what the composition of it was going
20:19
to be. But there
20:22
was a suggestion that they would
20:24
go to Earthgan. And there's a
20:26
couple of quotes in the book
20:28
about they just weren't prepared for a
20:30
province like Earthgan, perhaps, or that they didn't
20:32
know necessarily what they were going into the
20:35
Australian government. Because, you know, Earthgan is, along
20:38
with Kandahar, it's sort of one of
20:40
the heartlands of the Taliban.
20:42
You know, it's where Mullah Omar was from, that's
20:45
where his village is. So
20:47
they sent the SASR into this ground-truthing.
20:51
And there's a story in the book about an
20:54
element going up to the northwest
20:57
corner of Earthgan. And
21:00
they see some locals and they're like, hey, how
21:02
are you going? And then all of a sudden,
21:04
there's just RPGs and bullets. These
21:07
were just locals who were aggrieved
21:09
with the Australians coming into Earthgan.
21:12
They ended up being this massive gunfight, you
21:14
know, they ended up bringing in Apaches, the
21:18
whole thing. It was just meant to be a, hey, how
21:20
are you going with the locals ground-truthing mission? And
21:24
then they come back to Tarrant Cott. And
21:27
when they do, the Australian Defence Minister Robert
21:29
Hill is there. And he sees all the
21:32
shot-up vehicles and bloody soldiers, none of the
21:34
Australian SASR guys are killed, but there's a
21:36
lot of injuries. And
21:39
he has never spoken about this, but
21:41
he retired from his position a few
21:44
weeks later. And the
21:46
speculation was that he had
21:49
always had an issue with Australia's involvement
21:51
in Iraq and
21:53
that he didn't think that it was
21:55
within Australia's strategic interest to be involved
21:57
in Iraq, is my understanding. but
22:00
there is speculation that he saw
22:03
what the Afghan mission was going to be for
22:05
the Australians in these sort of years to come.
22:08
And he was perhaps, and this is not
22:10
something I did actually speak to the Prime Minister and
22:12
the Foreign Minister at that time. It's
22:14
not something that they would speak to
22:16
me about, but there may have been
22:18
issues within the National Security Cabinet as
22:21
to whether Australia should have had that role
22:23
in Afghanistan. And then the
22:25
FAFR. Sorry, go on. I
22:28
was just going to ask, I mean, as
22:30
things develop, you know, the SAS ends up
22:32
in this capture-kill mission,
22:35
but the Dutch have a different approach that's
22:37
more hearts and minds oriented. Yeah,
22:40
the Dutch mission
22:43
was very much, there
22:46
had to be a political mandate for the
22:48
things that they were going to do. And
22:52
with the way that the Dutch government
22:54
was constructed at the time, there were
22:56
a lot of left-leaning government or left-leaning
22:58
parties that had influence into what was
23:01
what ended up being the Dutch operations. So
23:04
that was part of the reason why
23:06
they weren't comfortable doing kill capture. But
23:09
the other issue is that they, or what was the issue,
23:11
it was a boon to them. They had
23:13
the sort of anthropologists, they
23:15
had a lot of people at this place
23:18
called the Liaison Organisation that were giving them
23:20
really great intel into the way that the
23:22
tribal structure worked in Urusgan. And
23:25
so they were sort
23:27
of suggesting to the Dutch forces that endlessly
23:31
attacking the enemies of the
23:33
warlord that we have associated ourselves with, which
23:35
was a guy called John
23:40
Mohammed Khan, and then a guy called Mati Ola Khan
23:42
afterwards. He said, you're just going to create more
23:44
conflict. And so they
23:47
didn't necessarily believe in the American mission that was
23:49
sort of maximalist and more
23:51
kinetic than the Dutch thought it should be. And
23:53
then the Australians put their hand up and they're like, yeah, we'll do that.
24:00
And talk to us
24:02
a little bit about how those ops
24:04
get stood up. In
24:08
your book, June 2, 2006,
24:10
there's an operation where
24:12
a special air service operator, Ben
24:14
Robert Smith, is said to kill
24:16
the teenager during an engagement, maybe
24:18
legitimately, maybe not. Yeah,
24:23
I mean that's the sort
24:25
of integral and important moment
24:28
in the history of Australia's
24:30
engagement in Afghanistan. This
24:34
was a sort of combined ops. This is when they
24:36
were working with the Dutch. And
24:39
the idea of that ops was there's
24:41
a valley coming into Taringoc, which is
24:43
where the multinational base is and where
24:45
the provincial capital is. Certainty,
24:54
but a lot of them were the
24:56
enemies of this warlord, John Muhammad Khan,
24:58
at the time. And Shoura
25:01
and Baluchi came through to a place
25:03
called Darafshan, which was sort of on
25:05
the plane, very close to Taringoc. And
25:08
so you basically had this non-permissive
25:10
area that was leading into the capital.
25:14
So the idea was that they would
25:16
clear Shoura out, they'd have this large
25:18
operation, and they'd have this force
25:20
pushed through all the way through to Taringoc. And
25:22
there'd be a series of battles, and they'd take
25:25
control of this area. And
25:27
the Afghans and the Dutch would sort of
25:29
seize these areas, put up patrol bases, and
25:31
then we'd have a permissive environment close to
25:33
where the multinational base is and where the
25:36
provincial capital is. Incidentally,
25:38
they ended up fighting in
25:40
that area consistently all
25:42
the way through, basically. There were
25:45
periods of peace and periods
25:47
of war, but it never ended up becoming a
25:49
whole permissive area. But Ben
25:53
Robert Smith was sent
25:55
up to be part of a
25:57
patrol that was going to be doing an Overwatch. which
26:00
is not too similar to the Overwatch mission
26:02
that Matthew Bulliont, who was the guy who
26:04
was the patrol leader
26:07
for the mission Operation Anaconda, not too similar
26:09
to that. Sent out, hang
26:11
out, have a little spot, see what's happening down
26:14
there, send intel back, perhaps bring ordnance in if you have
26:16
to, and then secrete your way
26:18
back. But this
26:22
is the subject of a
26:24
defamation case at the moment.
26:27
So we can't specifically know
26:29
what happened, but unarmed or unarmed, actually
26:31
I think they've agreed that it's unarmed,
26:34
but may or may not have been
26:36
a fighter, a teenage
26:38
kid walks across, perhaps
26:40
pre-teen, walks across the observation
26:42
post and they decide to go and find
26:44
him and kill him. And
26:47
they do that, and then that starts an
26:49
engagement, and
26:51
they have to sort of fight their way back, which
26:53
they do, and they end up bringing in air support.
26:57
So the fight ends up, the threat of gravity of the fight ends
26:59
up being at the top of the mountain, not
27:01
down in the valley where it's meant to be. But
27:06
depending on who you speak to, that was sort
27:08
of an integral
27:10
and valorous moment within the S.A.S.R., and
27:12
people were given medals afterwards. And
27:14
some people have suggested that that sort of
27:17
set a precedent within the S.A.S.R. in Afghanistan,
27:20
because that perhaps
27:23
could be seen as a strategic
27:25
negative moment, and yet
27:27
people were awarded medals for
27:29
it afterwards. And
27:31
then you also, going
27:34
forward a little bit in time, you
27:37
have the creation of the Special Operations
27:39
Task Force, SOTG, which brings
27:41
in the commandos. Could you
27:44
talk to us a little bit about the
27:46
role of the commandos, their history, their mission,
27:49
and the rift that developed between them
27:51
and the S.A.S.? Yeah,
27:54
I mean, most of my friends are
27:56
within the commando regiment in that space.
28:00
They were
28:04
designed to work hand in glove with
28:06
the SASR, probably in the way that
28:08
the Rangers were
28:11
meant to be a
28:14
cooperative force with J-SOC. We're
28:18
not initially stood up for that reason,
28:21
but they kind of became that, right?
28:24
When you need a lot of manpower to do
28:26
things that a small specialized unit
28:28
can't do, yeah, you call the Rangers.
28:32
Yeah, and so they work sometimes in the cordon force and...
28:36
Or direct action and... Direct
28:39
action, yeah. To strike targets
28:42
that a small surgical hostage rescue
28:44
focused unit isn't necessarily set up
28:46
for. Yeah, I mean, it
28:48
sounds like you're describing the commandos. You
28:51
know, the commandos. Yeah, yeah. There was
28:53
a suggestion just before 9-11 actually that
28:55
the special operations, the Australian
28:58
special operations command should be expanded
29:00
because of the type of technological
29:03
innovations that had come with a type
29:05
of heavy weapons that can be carried
29:07
by an individual and by the type
29:10
of communications that can be
29:12
used. So they thought
29:14
that the force structure would
29:17
benefit from having this sort of direct
29:20
action, you know, sort of hyper-infantry style force
29:23
that could work with the SASR. So
29:26
they were starting to be stood up around 99, 2000. Then
29:30
2001 there was an acceleration so they could
29:32
bring the companies on board because they assumed
29:34
that the commandos might be used in the
29:36
future. They
29:38
were sent into Iraq. The
29:41
SASR were doing a series
29:44
of different things in the
29:46
western desert of Iraq, including scud
29:48
hunting. And
29:51
the commandos were meant to be their quick
29:53
reaction force, but they were just across the
29:55
border at H2 in Jordan. And
29:57
then they were actually never used, even though they were in...
30:00
where they could have been used. And that,
30:02
I think, is the moment where the rift
30:04
developed between the FASR and the commandos, because
30:07
the FASR saw them as this force that
30:09
couldn't be trusted to go out and to
30:12
be used. Whereas the commandos,
30:14
they thought they were ready. And they
30:17
probably were ready. They'd been training up on this
30:19
close quarter battle. They'd
30:21
been stood up for a couple of years
30:23
at that point. And so a
30:25
lot of the guys within the commandos actually went off
30:27
and worked with PMCs, especially
30:30
a lot of the junior NCIs. But
30:36
then Afghanistan happened. So the Special Operations
30:38
Task Group, the
30:40
Special Forces Task Group and the Special Operations
30:42
Task Group needed guys to come into a
30:44
risk game. So a lot of the guys
30:47
who had been working as PMCs came
30:49
in. And they
30:53
couldn't get the two units to work cooperatively.
30:55
There are times where they were
30:58
both on target at the same time. But
31:01
primarily, they didn't work together.
31:03
And part of the issue was that
31:05
there were fistfights in the mess.
31:07
There were people
31:10
threatening to kill each other. It
31:12
was a real rupture between those. There
31:15
was a lot of fraternity between some of
31:17
the parts of those
31:20
two regiments. But
31:22
there was definitely animus as well. And
31:24
I think part of the issue. I was
31:27
just going to point out, it should probably be mentioned
31:29
also that these two units were almost
31:31
pitted against each other by the Australian military
31:33
in some ways, that you have two soft
31:35
units. Eventually, they're both
31:38
given the direct action mission. So
31:40
they're both competing for missions, which
31:42
only, I imagine, escalates the animosity.
31:45
No, that's right. And then if you look at the FASR, they're
31:48
doing these coordinate search missions. And they're
31:50
doing direct action as well. And they're
31:53
not necessarily designed for that. They're the
31:55
four structures that they've meant to be
31:57
a bit of more surgical and. They
32:01
are Australia's elite unit. Whereas
32:05
they're doing something that the commandos are actually
32:07
kind of like perfectly built to do with
32:09
their force structure. And
32:11
so sometimes the commandos are sent off to do
32:13
things that the SAS would like to do, but
32:15
they're just just by getting to their force structure,
32:17
the commandos are better
32:20
suited to do it. And so then that
32:22
creates this incredible resentment. And
32:24
the SASR see them as the little brothers
32:26
and the commandos are like, you know, our
32:28
guys are dying also. The doze. The
32:32
which one? I know you've heard that term, the doze.
32:35
The doze? I haven't. What is it? You haven't?
32:37
That the SAS guys call the commandos the doze.
32:40
The doze? Can you spell it
32:42
out? D-O-E-S, like a female deer.
32:45
Oh, yeah, yeah. The doze. Yeah. And
32:48
the commandos call the SAS the poo
32:50
poo barrows. I've heard that. I
32:54
mean, it's a little soft moric,
32:56
yes, but. That's the thing. 15 years
32:58
later, it seems like infertile, but it's
33:00
climate like that. Yeah,
33:02
yeah. It's like it's like super serious stuff.
33:06
And some guys did go over, you know, some guys
33:08
do the commando, work
33:10
with commandos and then do selection and go
33:12
within the SAS, but it never
33:15
really it never really disappeared.
33:17
The animus between the two units. Let's
33:23
also talk a little bit at this
33:25
point about some of the structural issues
33:27
within the Australian Department of Defense. There's
33:31
some really interesting stuff in your book. I mean,
33:33
you talk about a lot of breakdowns that happen,
33:35
but one of them that especially
33:37
strikes me is that it
33:40
feels like at
33:43
some point civilian control of the military
33:45
was lost. And even
33:47
commanders in the military didn't
33:50
understand what their own force was doing.
33:52
Like there's one quote in your book
33:54
where I think you said it was
33:56
the commander of Australian special operations saying
33:59
that. capture kill missions or an
34:01
invention of the media. Which
34:03
is either a lie or it just speaks
34:06
to the complete obliviousness of the chain of
34:08
command. I can answer that
34:10
one. It's a lie. Okay.
34:14
I mean, it's the top patrol reports.
34:17
Like, everybody
34:19
knows the nomenclature. The
34:22
problem in Australia, I think at that
34:24
time, was that there
34:26
was this culture of bullshit because Australia had
34:28
to be involved in the war in that
34:30
it was very important for
34:33
us to be a
34:35
good alliance partner with the US. We always wanted
34:38
to be a good alliance partner. We have always
34:40
wanted to be a good alliance partner. Not
34:42
only that, when you go a
34:45
little bit further down the command structure,
34:47
there was this technology transfer and this skill
34:49
transfer that was happening as well because we
34:51
were eventually working as a sort
34:53
of fungible soft force. They were working as
34:56
a fungible soft force. They were
34:58
sort of, from a modular perspective, becoming
35:01
useful within an American structure, which was good
35:04
for the Australians. They
35:06
were upskilling very quickly. But
35:09
the Australian public, the
35:12
political class, would not accept
35:15
the Australians doing the things that the Americans
35:17
were doing. The
35:22
major thing that I sort of lean on from
35:24
an ethical perspective in the book is that the
35:27
Australians were doing these kill capture missions,
35:30
and the ROE allowed them to
35:33
directly target individuals, which
35:36
is basically an assassination without any
35:38
attempt to capture whether they're
35:40
armed or unarmed. There is
35:42
no way that that would have been accepted if a
35:45
politician explained to the Australian public that that
35:47
was what was happening in Afghanistan. So
35:50
there had to be this sort of top
35:53
level layer of
35:55
bullshit between public facing individuals
36:00
information from the highest people within
36:02
government and within the military. Saying
36:05
that this mission is really about standing
36:09
up an Afghan battalion, it's about protection
36:11
of women's rights, it's about all these
36:13
things, whereas all of those strategic goals
36:15
had gone in Urusgan by probably about
36:17
2009. It
36:19
just wasn't happening. Everybody on
36:21
the ground knew that wasn't happening. Contact
36:24
me if I'm wrong, Ben, but there is, in
36:26
your system, there is a chief
36:30
of defense, which is a military officer, and
36:32
there's a minister of defense, which is a
36:34
civilian. When the civilian is
36:36
saying, I can't get
36:38
information out of the military, I'm not getting
36:40
all the information I need, I don't know
36:42
what's going on, is that a lie or
36:45
is that part of that public facing propaganda,
36:47
if you will? Yeah,
36:49
well, I mean, that's a direct quote from a
36:51
defense minister who I interviewed for the book, and
36:53
that was one of two defense ministers who told
36:55
me that they couldn't get information from the military.
36:59
In a democracy that's completely unacceptable, but
37:03
I think the department and
37:05
the ministry, there were some things
37:07
that they didn't want to know. They had sort
37:10
of punted on some information. They
37:12
had empowered the military to do
37:15
certain things without any understanding in
37:17
either side. Then when
37:19
they do want information, they have
37:21
already created this system where it's difficult
37:23
for the ministry to get information, so the ministry
37:26
has plausible deniability, and it's
37:28
the same with the department as well. This
37:30
is speculation, but this is the way, this
37:32
is, I think, one of the issues. So,
37:35
yeah, there was a major issue, there
37:38
may well still be a major issue
37:40
within the Australian government that there isn't
37:42
as much civilian oversight as there
37:44
should be. But to go back to my point of that
37:46
sort of layer of bullshit that's at the top, that
37:49
sort of dripped through all the way down to
37:51
the ground. We're
37:54
already not being transparent
37:56
about our strategic goals, and
37:58
so then when we're not
38:00
transparent about what the
38:03
specific types of missions are. And then
38:05
we're not specific with our patrol reporting.
38:07
So it's just dripped all the way
38:10
down. So
38:13
moving on to some spicy content
38:15
here. Not
38:18
particularly. Bring my lawyer in. Hold on a
38:20
second. Exactly. Not
38:22
a particularly great moment for the SAS.
38:24
Tell us about the moment that they
38:27
were flying a swastika in Afghanistan. Well,
38:30
that was actually the commandos. Oh, it was. I
38:32
correctly identified that book. OK. Thank you
38:34
for correcting me. So
38:37
yeah, they were out on operations. And
38:40
I mean,
38:43
there has been this issue
38:46
within. I mean,
38:48
the soldiers probably wouldn't necessarily see it as
38:50
a problem. But there is this sort
38:52
of impunity within
38:55
some of the units in that
38:57
there were rules that were allowed
38:59
to be bent and rules that
39:01
were allowed to be broken. One
39:03
of the obvious ones was drinking. Sure. So
39:06
the SAS had a bar in Tarrantcon. They're
39:08
not meant to be drinking, and they have a bar. And
39:10
all the generals went there. Like everybody went to the bar.
39:13
They actually, famously in the book, one of the signature
39:15
war crimes, one of
39:19
the things that's being contested in this defamation
39:22
case at the moment is whether there was
39:24
an execution of a disabled Afghan who
39:26
had a
39:30
prosthetic leg. Yeah.
39:32
And then that ends up becoming a drinking vessel in
39:35
the bar that the SASR had. So
39:39
that was sort of allowed. So nobody really knew
39:41
where the line was. And so
39:43
somebody thought that the line allowed
39:46
swastikas to be flat on operations.
39:49
I was told by lots of people that it
39:51
was a joke. But then I subsequently learned that
39:53
that guy was actually a Nazi
39:55
and part of a sort
39:57
of Nazi group. Oh, yeah. regiment
40:00
before he came to the first Bocoracian's men. I
40:02
very much doubt that the other guys around him
40:07
were of that... But
40:11
they certainly saw it. They certainly saw it. I
40:13
saw it, yeah. And
40:16
one of the other issues with that photograph is
40:18
there's a major there who ended up becoming a
40:20
very senior soldier and was someone who
40:22
was on the track to end up being Chief
40:24
of Defense. And the guys
40:27
that I spoke to about that major, I
40:29
said, well, you know, why didn't he rein the men? Why did
40:31
he stop them from doing it? And he's like, well, he
40:34
didn't necessarily... He didn't like it. He was obviously
40:36
upset about it, but he didn't feel at the
40:38
time that he could rein a sergeant in that
40:40
way, which is a problem. That's
40:42
a perfect segue because I want to
40:45
ask you next about officers
40:47
losing control of the SAS and
40:50
how that kind of came about. Yeah.
40:54
I mean, one of the problems with the officers in the SAS is that
40:56
they come in and out of the regiment. So quick. And
40:59
having a successful period
41:01
in the SAS, it's
41:03
hugely important for your career, especially
41:08
when you're on a sort of
41:10
combat deployment. That really is your
41:12
opportunity for advancement in
41:14
Korea and the chances for
41:16
medals and having that on your resume is
41:19
hugely important. And
41:22
within the Australian military, there
41:25
has been a long succession of people who have
41:27
gone through the SAS and then have gone up
41:29
to even to the point of our Chief of...
41:31
Our Governor
41:33
General, who's the most senior person
41:35
in the government, is a former
41:37
SAS officer. So it's
41:40
very important for an officer to have a successful
41:42
deployment. But if you have
41:45
your sergeants
41:47
and your corporals in open revolt, because they're upset
41:49
about the things that you're doing, and these are
41:51
guys who have sort of set the tone and
41:54
have a greater understanding of what the ground truth
41:56
is, then that's going to be a
41:58
problem in your career. It
42:01
means that officers who want to
42:03
go against something that may be unethical
42:05
would take a massive amount of moral
42:07
courage. You would have to go against
42:09
the entire system. Like
42:12
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So if you're an officer and you
43:48
think that one of your patrols is doing the wrong thing,
43:51
when you rein them in or you bring in
43:54
charges or the IGADF, which is
43:57
basically our military police.
44:00
to investigate these types of things, you'd probably create a
44:02
thesis. So you might even create
44:05
a political issue. So
44:07
it was incredibly tough for
44:09
the officers to do that. But
44:12
then, before that, they actually have to
44:14
understand what's happening in the first place. So
44:16
quite often they're in this sort of like over-watched position,
44:19
they're not necessarily on the ground. With this defamation case,
44:21
we had a lot of officers coming in, in
44:23
instances where there had been suspected war crimes, and
44:26
they're like, I don't know, and blew in, and
44:28
there were some dead people. And then what can
44:30
I tell you? In
44:33
the book, you talk about how the SAS
44:35
came to have a tribal culture. I mean,
44:37
one of the operators you spoke to described
44:40
it as a ward of the flies culture,
44:43
where they were sharing kill videos with
44:45
one another, where
44:48
there was this kind
44:50
of stonewalling of any
44:53
acknowledgment of PTSD within the regiment. Could
44:55
you tell us about how that developed?
44:59
Yeah, I think that quote
45:01
might actually be from the unit
45:03
psychologist of the SAS. But
45:06
that sort of lingo culture, that's
45:08
how they would describe people who
45:10
would suggest that they had a
45:12
PTSD issue. A
45:15
lingo means that you're a malingerer, so
45:17
you're not taking on the duties that
45:19
you should be taking on, and you're
45:22
basically letting everyone down. The
45:25
way that it was described to me over and over again
45:27
is like a motorcycle gang.
45:30
It's like you do not break the trust
45:33
of the guys within the motorcycle gang. But
45:35
then also coercive violence is
45:37
something that was kind of enforced
45:40
a certain structure there as well. So
45:43
guys could be beaten, guys
45:45
could be slapped. For some people, it
45:48
could feel dangerous breaking outside of that
45:50
code of silence. There was an
45:52
incident in Australia where somebody's house got
45:54
blown up because They
45:57
had fallen afoul of this code of silence. Am.
46:01
I. Don't necessarily understand how it develops
46:03
but there were people who who
46:05
sort of told me that coming
46:07
into that to set environment because
46:10
when you come into chemotherapies come
46:12
into i'm into the regiment. Yeah.
46:15
That's a that's a top of your career with
46:17
the Euro, with your an operator or with you
46:19
and officer or whether it's a video or whatever
46:21
you are you know, especially in or in a
46:23
in a in a Tomahawk. You. Really
46:25
want to do the best job you nine everybody
46:27
Super chance to me like that I can stand
46:29
as because this is a time of was I
46:31
want to the best job I'm. But.
46:34
They would. They were. Like you said, there was this.
46:37
Is a psychologist discarded to me as a
46:39
sort of tinderbox ready to ready to blow?
46:41
You know the fact that they were. In
46:44
a lot of instances of domestic violence,
46:46
a lot of people getting super drunk,
46:48
a lot of people assaulting people up
46:50
pods, a lot of like if porn
46:52
being shared as well. like of weird
46:55
not for a lotta kill videos a
46:57
lot of photos of be i had
46:59
been flying often suffer that like at
47:01
some point. Or a sort of
47:03
responsible adult should condemn said I can we
47:05
kindly to. We need to clean this up
47:08
for the benefit of the people who within
47:10
the structure. Yeah, no not not not to
47:12
be on a tree. Speak about it until
47:14
er en Ny you know you're getting detention
47:16
for just didn't Could be healthier for everybody
47:18
and we're going to be more effective as
47:20
a fighting in it if we could suffer.
47:22
Are you writing a book about how as
47:25
time goes on, the culture of the unit
47:27
changes in. Guys are sort of differing on
47:29
advancing their career because they just want to
47:31
be gunfighters like they've gotten addicted. To the
47:33
Combat. Yeah. Well.
47:35
I'm in. The idea is that, you know. You're
47:37
you're a troll. Comment on anything worthwhile. You
47:40
become a warrant officer and you sort spread
47:42
the i'm. In or the at
47:44
the experience that you've had across the regiment
47:46
and sometimes across the military as well. That's
47:48
meant to be it with via an area
47:50
of excellence and it is mary of excellence
47:52
where they could go out into the great
47:54
the Defence Force. And sort
47:57
of bring some of that excellence with
47:59
them. But because
48:02
I think so many of the guys
48:04
became addicted to the combat and
48:08
we don't have any sort of solid
48:10
numbers on what
48:12
the level of PTSD is. But
48:16
the psychologist explains to me that
48:18
he said the literature
48:21
that we have suggests that it's not
48:23
accumulative, it multiplies.
48:25
And so when you've got guys who've done these sort of 8, 9, 10
48:28
combat deployments, and that is the number that
48:30
guys end up doing, SASR guys. And
48:33
I can imagine similar with the Americans as well. You
48:36
know, so there is these sort of intense
48:39
environments for, you know,
48:41
10 deployments might be 6 months each,
48:43
you know, it's 5 years, it's a
48:45
super intense thing to do. They
48:49
just want to go back in because that's
48:51
the place where they feel comfortable, they start
48:53
to feel uncomfortable in a civilian environment. And
48:55
in the case of the commanders
48:57
as well, there was lots of guys whose, you know,
49:00
their lives were falling apart for us to an extent
49:02
outside of the outside of their
49:04
deployments, you know, they had problems
49:06
with their wives or, you know, their friends,
49:08
they didn't relate to their friends anymore, or,
49:11
you know, so they just wanted to get back
49:13
out. And you know,
49:15
just being a warrant officer and,
49:18
you know, working at working
49:20
a QCV course for the rest of your life
49:23
is not as exciting. Yeah, right. Right.
49:27
Tell us a little bit about the one commando
49:29
operation in 2009, where it's sort of like the
49:32
first time I, if I'm
49:35
understanding correctly, that the issue of war
49:37
crimes starts coming into the public, like
49:39
there, there's some aspects where
49:41
they're, they might prosecute this guy, they might
49:43
not. Yeah. Yeah,
49:46
that was, that was a very important,
49:48
sort of forgotten part of the Australian
49:50
war crime story. So
49:53
By 2009, we'd had three years of
49:55
these deployments of commandos. and SASR. Your
50:01
everybody to get fatigued and you know
50:03
they basically needed to re up com
50:05
some of the guys without bringing into
50:08
the second commander regiment especially. End and
50:10
the affair thought so they decided to
50:12
do a deployment of one commander guys
50:14
who are reserved. This is this is
50:17
a threat to our oldest. Continuous.
50:20
A special forces regiment I'm but I
50:22
hadn't been used in operation for such
50:24
a long time, so lot of guys
50:27
in her thumb on the thought of.
50:29
All. Time some of them a policeman mean Arsenal
50:31
now have of the jobs. And
50:34
so they did. Ah of that, he.
50:37
Preyed. Upon it readiness which is supposedly
50:39
was with a little lacking. Arm
50:41
and then they were. They were sent to
50:44
Earth Can and then I was. I was
50:46
doing that to capture missions so there was
50:48
a A. There was a half actually again
50:50
and in the place where are you know
50:53
chore unglued. She and I think it wasn't
50:55
actually direction. sort of very close to to
50:57
turn caught a now going to be the
50:59
compound interest. And I'm
51:01
doing is not mission. Nothing was she has a midnight
51:04
to I am something like that and they go to
51:06
the south. My point of entity. And so
51:08
they decide that they going to just. Gotta.
51:11
The house next door and. And
51:13
and to. That have instead
51:15
com which. They had
51:17
already had them as the author order that that
51:20
was I would not lead to do that. You
51:22
wanted to select a to go into an object
51:24
and compounds because you had some intelligence about about
51:26
a certain call them. Anyway,
51:29
so they went into this house com
51:31
you don't This is something in some
51:33
relatively legally i'm. Wary.
51:36
About bought some. I
51:38
think it's on that There was a guy
51:41
who was a with Emily. Ah,
51:43
he heard someone breaking into his compound.
51:45
He got his rifle. One of the
51:48
cell just saw him. I
51:50
shot him. And. Then at the
51:52
hadn't killed him, he was shooting through
51:54
a door a machine gunner. Fired.
51:57
into the room where him and his family were And
52:00
then afterwards, this is the
52:02
part that is somewhat controversial. It's there. Some
52:06
have suggested that there was a
52:08
ceasefire call. Some
52:10
have suggested that they were still shooting. You
52:12
know, it's contentious,
52:14
but grenades were thrown in and some
52:17
babies were killed and some
52:19
children were killed. The
52:23
most interesting aspect of that is what happened next.
52:25
At the time, the Australian military had
52:28
this independent judiciary that was beyond the
52:30
chain of command. So it was
52:32
Brigadier who got a brief from the IGADF
52:34
and believed that this was war crime. And
52:37
so she was going to prosecute the guys and
52:39
she was going to prosecute Lieutenant Colonel who ordered
52:41
the second house to be assaulted. And
52:45
so she tried to go through this prosecution and
52:48
the Australian media were very upset by it and
52:50
the chain of command were very upset by it.
52:53
And eventually she was chased out of the army
52:55
and there was a ruling
52:58
that was made in court that
53:00
previously it was assumed that the soldiers
53:02
owed a duty of care to civilians
53:04
in Urasgan. And
53:07
then a ruling was passed down that there
53:09
was no obligation to have
53:11
a duty of care for civilians. And
53:14
she was quite upset by this Brigadier
53:17
who was the chief legal
53:19
officer of the Australian Defence Force at the time. She
53:21
said that she thought that they were creating new law
53:23
with this ruling. And
53:26
yeah, the guys didn't end
53:28
up being prosecuted. And
53:31
so that was the standing rule afterwards
53:33
that the Australian forces did not have
53:35
an obligation to duty of care over
53:37
civilians. And then
53:39
another controversial operation was an
53:42
assault. I believe the target was called Whiskey 108?
53:46
Yeah. Whiskey 108 was the one
53:48
where the guard with the prosthetic leg was
53:51
shot. So that's something that's under
53:53
appeal at the moment. So it
53:56
had been alleged that there was an
53:58
assault on Whiskey 108. They. Are
54:01
fighting going on between a conventional forces who
54:03
had a patrol base for a closer to
54:05
that compound and guys who were there and
54:08
in that village which is direction as well
54:10
So it was really close to the place
54:12
where this stage one commit a killing said
54:14
happened and way so much of the. So.
54:17
much of the as try to walk from story
54:19
happen to fight the second title area with with.
54:22
With. Not and a people living there. I'm.
54:25
They are they had been a
54:27
battle they are called. Enter an
54:29
airstrike by blown up a compound.
54:32
The essay has come in
54:35
and they. Either.
54:38
Simply. Cut legal your documents legally but there
54:40
was a with news report saying that they
54:42
hadn't killed and legally the Federal the Smith. Had
54:45
a the executed or ordered the execution
54:47
of a couple of these guys are
54:50
including the kind of the prosthetic leg.
54:53
And get it under pillow at the
54:55
moment so that that so says the
54:57
first instance of lamb. Essayist
54:59
murders being reported about it happened
55:01
that think it's thousand and nine.
55:04
out of curiosity a edo I
55:06
kind of blend or. I
55:09
guess leading into the ideas, maybe he
55:11
was or wasn't executed. Who was your?
55:13
Who do they think he was? Like.
55:16
What was injured on the up was
55:19
you just a random guy on target
55:21
Or the I do think that he
55:23
was somebody who had been evading. Capture.
55:26
And at. Local
55:28
forces wouldn't hold. Well.
55:33
In a defamation case, somebody actually suggested
55:35
that he was a J Pill target
55:37
and he was ejected. Guy Boyd and
55:40
he could explosives. He was known for
55:42
keeping explosives in his prosthetic leg. I
55:46
think we can. Fairly cycling just
55:48
with yeah that was the case or
55:50
they keep it that Bond villain I'm
55:52
but T and the other guy who
55:54
was killed in his some. if
55:58
the center the get much in case And
56:00
they had come out of a tunnel, and in the tunnel
56:02
there were weapons. The
56:05
major issue in Eriskand, though, is
56:07
that they were almost certainly local
56:09
militia. But
56:12
were they, and they were probably local militia
56:14
who were shooting at the Australian conventional forces.
56:19
But do you want to
56:21
kill all of your local militia who agreed by putting
56:23
up a patrol base near your village? That's the question.
56:26
The only reason I ask is not
56:28
to justify a killing if the killing
56:30
is true, but I'm curious, because in
56:33
my mind there was a significant difference between
56:35
a killing of a guy who just
56:37
happens to be on a target or in a
56:40
house next to a target, and killing a guy who
56:42
is a
56:44
suspected IED maker who has been
56:47
rolled up a few times and
56:49
released every time. And again, I'm not
56:51
justifying it. I'm just asking if there
56:53
was something in their mind for
56:56
them that justified it. Well,
56:58
that's the difference between an ethical question
57:00
and a legal question. Because
57:04
regardless of whether this person's a civilian or
57:06
whether they had been previously in combat and once
57:09
the person is forced to combat, if you
57:11
kill him then that's murder. So
57:14
I think,
57:17
I mean my instinct is that
57:19
the Australians were not just randomly killing people on target.
57:21
There may have been a couple of instances where they
57:23
did because they got later on in the war they
57:26
believed that there were places where they were just full
57:28
of shit people. They just
57:30
called them shit guns. And in certain incident
57:33
villages it's just like all the guys in
57:35
this village are shit guns. And I
57:37
don't know whether you're following the British inquiry that's going
57:39
on at the moment. But
57:42
there's been evidence, profit, that the
57:44
British SAS in Helmand in
57:47
some villages killed every fighting age male
57:49
that they could find on certain targets.
57:53
But I think primarily the Australian
57:55
SAS, if they had killed
57:58
people illegally,
58:00
they generally believe that
58:03
they were combatants. But
58:07
from
58:09
my perspective, one
58:12
of the major issues of Australian
58:14
operations in Oresgan was an over aggregation of
58:16
the enemy. I
58:18
think that you have to be very
58:20
selective in coin operations as to
58:23
who you decide to target. There's a
58:26
sort of a max approach sometimes in regards
58:28
to some places. Talking
58:32
about the legal versus the ethical, I
58:35
absolutely agree with you. Sometimes
58:39
when it's reported that somebody
58:41
was killed in custody, a lot of times
58:44
I think there's
58:47
a deeper story to it than just
58:49
these guys are savage. Or
58:52
the coalition forces,
58:54
US, Australian whomever,
58:56
are just savages off the rails
58:58
in their minds, even though
59:00
it's not legal, in their minds it makes sense. I
59:04
think there probably were some people who had what left. And
59:08
I think there were a lot of people who perhaps thought
59:10
they were doing the right thing. But
59:12
from a strategic perspective, it's not a
59:14
smart thing to do. You're not getting closer
59:17
to your strategic goal, if your strategic goal
59:19
is pacification. Right. If
59:22
your strategic goal is getting
59:25
a pat on the back from a certain
59:27
person who wants you to kill as
59:29
many people as possible, then that's
59:31
different. And that's why I've been arguing for
59:33
there to be a Royal Commission in Australia
59:36
into these killings, because I think that they
59:38
poorly understood. And I think that we
59:40
should understand the link between the
59:43
civilian structure, the department, and the
59:45
ministry, Special Operations Command, and
59:47
the soldiers on the ground. Because I think there
59:49
is this sort of connected picture that doesn't
59:52
exist in
59:55
the public consciousness in the way that it should. And
59:57
there's a real scenario in
59:59
these wars. that I think that
1:00:01
Western societies were not ready for
1:00:03
in the sense of if you
1:00:05
take an IED maker,
1:00:08
a bond maker who never places the bombs
1:00:10
themselves, he pays farmers, he gets
1:00:13
rolled up because of the local
1:00:15
justice and how it is, he
1:00:17
gets bought out of jail every
1:00:19
time he gets rolled up, and
1:00:21
then he hits coalition forces, he's
1:00:23
known for the death. It's like
1:00:25
how many times do you want to roll this guy
1:00:27
up just for him to be released over and over
1:00:29
again? And I think that a
1:00:32
lot of the soldiers on the ground
1:00:34
got frustrated in those situations. He
1:00:37
isn't an enemy combatant. He may not be shooting at
1:00:39
me right now, but he'll sure as hell blow me
1:00:41
up tomorrow. Yeah. Yeah,
1:00:44
and that's definitely the issue in Australia. There's
1:00:46
a chapter in the book and I
1:00:48
described the porous Afghan justice structure and
1:00:51
the fact that there
1:00:53
was this sort of disability
1:00:55
of certain people to take people out of
1:00:57
the legal
1:01:00
system, the Afghan legal system, unitarily
1:01:02
just because of the power that they had and
1:01:04
then recycled them back into the battlefield. And
1:01:07
there was an incredibly admirable effort
1:01:10
by some of the Australian army
1:01:13
lawyers and some of the soldiers and the reservists to
1:01:15
create this thing called the rule of law. So
1:01:19
they tried to train a lot of the
1:01:21
soldiers, the SS guys and the commandos, to
1:01:23
basically work as forensic investigators and then build
1:01:25
up the court so they could get the
1:01:28
prosecution. And part of the reason is a
1:01:30
quote in the book from one of the guys who was setting up
1:01:32
this rule of law saying, we
1:01:34
thought it was a good thing to do to the soldiers because it's
1:01:36
just not good for the soul to be endlessly
1:01:39
killing these people and have this rage about these people who
1:01:41
are combatants and are not legally allowed to kill them. But
1:01:44
from my perspective as a civilian, so this is
1:01:46
something that I sort of stress over and over
1:01:48
again, is I am just
1:01:52
an impartial observer. If
1:01:54
I was a soldier, I'd have a completely different perspective,
1:01:56
I'm sure. from
1:02:00
a civilian arms length look at this thing,
1:02:02
if that is the case that we are
1:02:04
recycling these guys and the guys are like,
1:02:06
fuck it, we have to kill them. We
1:02:09
have to protect those guys from doing that because if
1:02:11
they do that, they may be subject to Australian laws
1:02:13
that might put them in prison for the rest of
1:02:15
their lives. And if we are doing
1:02:17
that, we have to articulate to the public, these
1:02:19
are why we're killing these people. This is why
1:02:21
we're doing it. And we have to link it
1:02:24
all the way up to some sort of strategic
1:02:26
goal that makes sense for Australia. And
1:02:28
I think they failed in that obligation. Ben,
1:02:32
could you tell us a little
1:02:34
bit about the SAS's undeclared fourth
1:02:36
squadron? I thought that was an
1:02:38
interesting fact in your book. Yeah,
1:02:41
I mean, I actually don't know that much
1:02:43
about fourth squadron, but I have spoken
1:02:45
to some of the guys and they can't talk to me that
1:02:47
much about it. But it's a it's
1:02:49
sort of an intelligent gathering
1:02:51
squadron. You know, they they
1:02:55
are sort of the most technologically capable of
1:02:58
the squadrons. And they have
1:03:00
this gray role, it's
1:03:03
not a bit sort of, it's meant to be a
1:03:05
sort of clandestine role as well. So one
1:03:07
of the one of the tensions
1:03:10
that they had within the SAS while they
1:03:12
were on operations in Afghanistan, when there were
1:03:14
so many guys in operations in Afghanistan, was
1:03:16
that they only had so many
1:03:18
soldiers, you know, it's a relatively small
1:03:20
regiment, but they were trying to bring
1:03:22
these guys into this gray role. So
1:03:25
it's the issue started
1:03:27
at selection. So, hey,
1:03:29
it's 2009, and you're in the middle of war
1:03:32
in Afghanistan. And you know that, you know, when
1:03:35
you when you have someone that you have selected, and
1:03:37
then you got to put them in the rear cycle,
1:03:39
that they're going to go into combat with guys like
1:03:41
Ben Robert Smith, against, you
1:03:43
know, the opposing forces in
1:03:45
the Earthgan, you want them to have the
1:03:47
capabilities to succeed in that environment. So
1:03:50
one of the guys in the book describes the
1:03:53
tension within selection there is because,
1:03:55
you know, we want these
1:03:57
big scary gun fighters to do this type of thing.
1:04:00
type of direct action stuff. And
1:04:02
so we are selecting for that. And we're
1:04:04
selecting for these sort of like ruthless killers,
1:04:06
you know, these common bear
1:04:08
types actually, sort of frankly, within
1:04:11
the SAS. But
1:04:15
there is a tension because there's people within the
1:04:17
SAS that are looking at the sort of strategic
1:04:20
future of the regiment. And they're like, well,
1:04:22
we need these sort of weedy dorks who
1:04:24
just, you know, can walk on any street
1:04:26
and just don't look like anyone. You
1:04:28
know, like Ben Robert Smith, there's
1:04:31
only certain environments in which he can sort of walk down the
1:04:33
street and look normal. I don't know whether you guys are familiar
1:04:35
with him, but he's, you know, six foot five, 120 kilos, something
1:04:38
like that, you know? He's
1:04:40
a giant, he looks like a VC recipient. He
1:04:42
looks like a soldier, you know, whereas
1:04:44
you need these guys who are going to be sort
1:04:47
of low pros. So even from
1:04:49
a perspective of selection and
1:04:52
the way that the SAS, they rotate through
1:04:55
to four squadron and then also to
1:04:57
the, the
1:05:00
counter-terrorism tag capability. You need
1:05:02
someone who could sort of do everything. So they
1:05:04
were selecting for these guys in Afghanistan. And
1:05:07
the other issues that they found,
1:05:10
and this is something that one of the people who was
1:05:12
doing selection was, you know, he was doing the,
1:05:14
the, the side screening for these guys, is
1:05:16
that they were, they were trying to weed out as
1:05:19
many as they can, but they weren't weeding out everybody
1:05:21
who wanted to hunt and kill people because they knew
1:05:23
that that's what they were doing in Afghanistan. So
1:05:25
there were people who were selecting, who
1:05:28
were going into the SAS because they knew at some
1:05:30
point, they'd be able to go on target and start
1:05:32
doing this, this, this, this kill capture
1:05:35
mission. So there's an interesting
1:05:37
sort of vignette that maybe not a lot
1:05:39
of people are aware of, where
1:05:41
the Special Operations Task Group,
1:05:43
the Australian Special Operations Forces,
1:05:46
they have a team up
1:05:48
with DEA, American
1:05:50
Drug Enforcement Agency FAST teams in
1:05:52
Afghanistan. Can you tell us about
1:05:55
that relationship? Yeah,
1:05:57
I mean, that came of, that came of the
1:05:59
tension between. the SAS and the second
1:06:01
commando regiment. There
1:06:03
was a lot of contention as
1:06:06
to who would get the air assets because
1:06:08
Australia didn't bring its own air assets into
1:06:10
Afghanistan, so we had to use pull
1:06:13
helicopters and pull ISR. And
1:06:15
so there would be these air windows where the
1:06:17
SAS would go and they'd have their air windows,
1:06:20
so they'd take their helicopters out into position.
1:06:22
And then there were periods where the commandos had their air
1:06:24
window. And if there was
1:06:26
bad weather or something like that and somebody
1:06:29
missed a day, the regiments and not hating
1:06:31
each other because somebody else would get their
1:06:33
helicopters. And so the
1:06:36
commandos were like, well, we need to find
1:06:38
our own helicopters. So I think I have
1:06:40
told this story. I can't remember
1:06:42
all the details, but I think it was
1:06:44
actually at a funeral, someone
1:06:46
met someone within the DEA and the DEA
1:06:49
said, we're running our own helicopters. We
1:06:52
have these old Russian helicopters and we have
1:06:54
these guys that we call
1:06:57
the expendables, who these sort of like, some
1:06:59
of them flew in Vietnam, these
1:07:01
sort of contract pilots that are working
1:07:03
for the DEA. So why don't you
1:07:05
come and work with gunfighters for us?
1:07:07
And it was this really fruitful relationship
1:07:09
in the context of they
1:07:12
managed to destroy a lot of drugs, they managed to attack a
1:07:14
lot of drug labs. There was
1:07:16
a lot of fighting, but
1:07:19
there has been a lot of questions as to whether
1:07:22
that actually, I mean, the idea was that
1:07:24
they were going to take money away from
1:07:27
the insurgency. That's why they
1:07:29
were doing these drug missions. But there
1:07:31
has been a lot of suggestions since that
1:07:34
basically they were just working
1:07:36
for the benefit of other drug lords who
1:07:39
weren't being attacked. Oh,
1:07:41
interesting. But like intentionally or that the other
1:07:44
drug lawyers were just feeding them the intel
1:07:46
so that they would go like take out
1:07:48
the. Some of them were feeding them the
1:07:50
intel. Some of them had political connections, connections
1:07:53
with the Karzai family, people
1:07:56
who were working with the
1:07:58
coalition in Urusgan and the Heli because
1:08:00
most of these missions were conducted in the
1:08:02
Helmand. But they were,
1:08:04
I mean, this
1:08:06
sort of leads into the, or
1:08:09
goes back to the political disconnect.
1:08:12
I think if the Australian public really knew the
1:08:14
way that these drug missions worked and the way
1:08:17
that the DEA worked, they
1:08:19
probably wouldn't have allowed it, especially considering that we
1:08:21
had this strict mission and the
1:08:23
strict parameters under which the Australians could operate.
1:08:27
But there was this sort of tendency
1:08:29
towards action. So the commanders went and
1:08:31
did these missions. And there
1:08:34
was a lot of action. They really enjoyed it. For,
1:08:37
you know, were the Australians under the
1:08:39
same strictures like the U.S. forces in
1:08:41
terms of like the capture kill? If
1:08:44
they're captured, would they just go into
1:08:46
basically a coalition detention facility
1:08:48
or to the local authorities? Or
1:08:52
did the Australians have something else set up?
1:08:55
No, they had their own facility later
1:08:57
on, but then they would go into
1:09:00
local detention afterwards because they
1:09:03
had to go through Afghan
1:09:05
court. Going back
1:09:07
to the drug missions, the drug missions, they had
1:09:09
a certain rule of engagement, a certain set of
1:09:11
rules of engagement that was distinct to the other
1:09:13
missions that they were doing. And
1:09:17
I don't know, are you guys familiar with
1:09:19
the ROEs that ISAP was using
1:09:21
in Afghanistan? I would assume you would. Yeah, I
1:09:24
mean, relatively so. There were different
1:09:26
ones a different time. They changed all the time. So
1:09:28
like they changed like week to week. Do
1:09:31
you know that there's 429 ROE, 429 A and B, which
1:09:33
are the offensive ROEs, as is my understanding.
1:09:39
And then is there 429 ROE, which
1:09:42
is the direct targeting ROE
1:09:45
basically? I
1:09:47
honest to God could not tell you. And
1:09:49
those ROEs became so complicated from what
1:09:51
I've been told. It
1:09:54
was like a stack of three ring binders
1:09:56
this high and a very, very small group
1:09:58
of people really had any. Mostly J
1:10:00
tax actually had any sort of understanding
1:10:02
of how they were and I think
1:10:04
that the ROEs actually differed There's
1:10:07
a NATO ROE. Yeah, they did Yeah,
1:10:10
there's soft ROE so they also differ
1:10:12
from unit to unit it
1:10:15
was it was insane it was insane That's
1:10:17
crazy. Yeah, I mean that's something that they
1:10:19
there is speculation that that's gonna pop up
1:10:21
in in the criminal cases You know has
1:10:23
been one SAS guy charged for murder. Yeah,
1:10:25
and it's on video. I'm sure you guys
1:10:27
have seen yeah Any standing
1:10:29
over now Dan says do you want me to drop this count and
1:10:31
kills them? And there is
1:10:34
speculation that they're going to mount
1:10:36
the defense that they believe that that
1:10:38
killing was within a certain ROE as
1:10:40
it was explained to them That's
1:10:44
part of the Australian issue is that Everybody
1:10:47
has told me what they believe the
1:10:49
ROE that they're operating under was and
1:10:51
quite often. It's quite different. I honestly
1:10:55
don't outside of like outside
1:10:57
of Like Jack mentioned the
1:10:59
JTAC because a JTACs Like
1:11:02
their job depending on no dependent on
1:11:04
knowing the ROEs Because they were waiting
1:11:06
like their fire came from higher headquarters,
1:11:08
right? Who were who the attorneys were
1:11:10
sitting there for it? But for the
1:11:12
average Joe on the ground whether it
1:11:14
was SAS or 10th Mountain or Special
1:11:16
Forces or whatever They
1:11:19
they have their general ROEs like
1:11:21
you don't you know You don't
1:11:23
shoot somebody who right a non-combatant
1:11:25
like they have the general but
1:11:28
yeah at any given time They
1:11:30
could have been breaking ROEs. I Little
1:11:33
vignette. I mean I I was deployed
1:11:35
with Special Forces in 2000 and Was
1:11:39
2008 or 2009? I Never
1:11:43
saw an ROE. Yeah, we
1:11:45
asked for one too. Yeah, and we were
1:11:47
never given it It's a for people who
1:11:50
are watching listening who aren't who might not
1:11:52
you can probably get it from context But
1:11:54
an ROE is a rule rules of engagement
1:11:56
and it basically tells a soldier
1:12:00
why they can shoot at another person.
1:12:04
And you would think it seems like a
1:12:06
simple question, but
1:12:08
it gets very, very convoluted. It
1:12:10
becomes like, how big is the structure?
1:12:13
Can the structure be reduced? What
1:12:15
is the acceptable SIDS cap, if any?
1:12:17
Right, and it's armed combatants. Okay, you
1:12:20
can shoot at somebody who's armed, or
1:12:22
what if he doesn't raise his weapon
1:12:24
at you? What
1:12:26
if he's not shooting at you? What if he has
1:12:28
his cell phone and there's intelligence that there are spotters
1:12:30
in the area? What if a guy tries to steal
1:12:32
your Humvee? What if he tries to steal a radio
1:12:35
that hasn't purchased it? What if he
1:12:37
doesn't have a weapon, but he's running off a
1:12:39
target where you know bad guys are, and he's
1:12:41
running towards a known location of
1:12:43
weapons, or suspected location of weapons
1:12:45
cache? Like, it gets very convoluted.
1:12:48
It sounds like civilians would think, well, it's kind
1:12:51
of obvious, right? The guy's a bad guy or
1:12:53
not, right? But it gets very convoluted very quickly.
1:12:56
Especially when everybody's on
1:12:58
uniform, there are certain groups that you
1:13:00
could directly target. The Taliban obviously is one
1:13:02
of them, but then there's these other militias, it's like, is he
1:13:04
part of this group or another group? Yeah,
1:13:07
if only they would have worn uniforms
1:13:09
to let us know who they were.
1:13:11
I know, this is something considerate. So
1:13:13
inconsiderate, I know. Something
1:13:18
I wanna make sure that we talk about here is
1:13:20
I'd like to ask you about the big firefight where
1:13:23
Ben Roberts Smith was awarded the Victoria's
1:13:25
Cross for. For
1:13:28
our American listeners, the VC, that's
1:13:31
the Australian or Commonwealth equivalent of
1:13:33
our Medal of Honor. Yeah,
1:13:37
I mean, it was the Battle
1:13:39
of Tizak, which was part of the Shauli
1:13:41
offensive. Like
1:13:46
everything, post this defamation case,
1:13:49
there are multiple versions of this. So
1:13:51
there was the official version of what
1:13:53
Ben Roberts Smith did. Regardless, it
1:13:56
was an incredible feat in which he
1:13:58
charged a machine gun. post, there
1:14:01
were two machine gun
1:14:03
posts, killed lots
1:14:05
of people. They were hugely undermanned
1:14:07
in this battle of Tizdak. But
1:14:14
the war crime story has emerged
1:14:16
not from without, but within. It's
1:14:19
been soldiers who are upset with
1:14:21
Ben Robert Smith. Ben Robert Smith
1:14:23
has ended up becoming the most
1:14:25
decorated soldier since Vietnam
1:14:27
because he was awarded the Victoria Cross. He was
1:14:29
awarded the Medal of Gallantry and the Commendation of
1:14:31
Distinguished Service. So when he
1:14:34
was awarded the Commendation of Distinguished
1:14:36
Service, somebody went actually back to
1:14:38
Tizdak after Ben Robert Smith was
1:14:40
awarded the Victoria Cross and paced
1:14:42
out where he
1:14:45
was involved in this firefight and
1:14:47
looked at the official reporting and said that the official
1:14:51
reporting is a little
1:14:53
bit skew-if. But
1:14:56
I don't think there's any question
1:14:58
that he was involved in this
1:15:00
incredibly difficult situation. Do you
1:15:02
want to describe a little bit of that?
1:15:05
Because it sounds like the SAS was engaged
1:15:07
in entrenched, dug-in enemy, they were outnumbered. And
1:15:10
you write about this scenario where Ben Robert
1:15:12
Smith and another operator are kind of
1:15:15
in a jam and are pretty convinced they're about
1:15:17
to die. Yeah, they really are. They're
1:15:20
pinned down by PKM2, PKM machine
1:15:23
guns. And
1:15:25
they basically need to seize the initiative again. So
1:15:28
they have to charge across open ground to
1:15:30
silence those machine guns and kill these guys
1:15:32
while they're getting lateral fire as well, is
1:15:34
my understanding. But
1:15:37
he did it with another guy
1:15:39
who was one of his best friends who
1:15:42
was a junior soldier. And
1:15:44
it was contended in the defamation case that this
1:15:46
is one of the people that he ordered to
1:15:50
commit an execution. And so this
1:15:52
person is in their own
1:15:54
legal jeopardy. This person is also someone
1:15:56
who has a significant psychological issue. someone
1:16:00
who in the defamation case says that you
1:16:02
know he loves Ben Robert Smith you know
1:16:04
that that he's someone that who who he
1:16:07
really kind of appreciates but he
1:16:09
claims in the defamation case that both he
1:16:12
and Ben Robert Smith basically did
1:16:14
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Ben Robert Smith was given the Victoria Cross and
1:17:54
this guy was given the Medal of Gallantry
1:17:56
after this guy who hasn't been named.
1:18:00
after this guy had been told that he was
1:18:02
going to get the Victoria Cross. And an aspect
1:18:04
of this defamation case is that after
1:18:07
the Battle of Tizak, you know,
1:18:09
defence needed a PR win and Ben
1:18:11
Robertsmith is a judge's son. You know,
1:18:13
he went to a private school. He
1:18:15
looks the way that he does. You
1:18:17
know, he could speak well to a
1:18:20
certain category of Australians. And
1:18:22
so, you know, it could be
1:18:24
argued that this is the point where the rift began.
1:18:31
Let's see, what else do we want
1:18:33
to get into here? Oh, there's another
1:18:36
operation that struck me from reading your
1:18:38
book that this was a very legitimate,
1:18:40
well-executed operation. Was it a 2011 operation
1:18:42
where the Australians got
1:18:44
intelligence that there was a group of children
1:18:47
suicide bombers that were moving into their AO?
1:18:52
Yeah, I mean, one
1:18:54
of the problems in Afghanistan
1:18:56
generally was
1:18:59
that the Taliban had this sort of
1:19:01
area, this de-confliction area in Pakistan, and
1:19:03
that there was a porous border. So
1:19:05
they basically, you know, there was a
1:19:07
quedicure that basically ran the centralised insurgency.
1:19:09
And they couldn't be touched. And they
1:19:11
basically had this city where,
1:19:13
you know, they could live with impunity.
1:19:15
They, you know, that was four hours
1:19:17
away by motorcycle
1:19:21
from central Urusgan. So
1:19:23
they could basically go in and out of theatre when they
1:19:25
wanted to. And so
1:19:27
this is a story that has
1:19:29
not been told and perhaps may
1:19:32
not be told because of the, you know,
1:19:34
because of the compartmentalised nature of some of
1:19:36
the information. They
1:19:39
had to sort of build
1:19:41
up this intelligence structure that
1:19:43
included an understanding of what
1:19:45
was happening in Pakistan. You
1:19:48
know, so they wanted to, when these guys sort
1:19:51
of came in, they wanted to hit them when
1:19:53
they'd come into theatre. And, you know, they couldn't
1:19:55
go into Pakistan. But they
1:19:57
had heard that these child suicide... suicide
1:20:00
bombers were coming in. They
1:20:02
got some information in the
1:20:05
way that the information is gathered. I
1:20:07
know that isn't detailed in the book and can't be
1:20:09
detailed. So they get this information
1:20:11
with these child suicide bombers
1:20:13
are coming in and I
1:20:16
think they actually ended up
1:20:19
neutralizing without killing them. Is that right?
1:20:21
Yeah, that's what's in your book, as
1:20:23
I recall, really. Yeah,
1:20:26
I mean, it's probably the margin, but like I said,
1:20:28
two books you guys say. There's some stuff I don't
1:20:30
remember. And then the
1:20:32
last couple, the like
1:20:34
final years of the SOTG, you
1:20:37
write about how that's really where a lot
1:20:40
of the murders in mayhem, alleged murders
1:20:42
really pick up and things really get
1:20:44
bad. Yeah, it's
1:20:46
2012 where the sort of bulk of
1:20:48
the murders are alleged to have happened.
1:20:52
And I mean,
1:20:55
it makes sense, you know, from an
1:20:57
ethical perspective, we
1:20:59
are all moral beings. So, you know, regardless of who
1:21:01
we are and what we've done and what we think
1:21:03
is appropriate and not appropriate, we have
1:21:05
this sort of like understanding of what is right
1:21:07
and wrong. And if you're
1:21:10
if you're leaving, or is
1:21:13
getting having committed so much bodily
1:21:15
and emotionally to
1:21:18
the fight, I
1:21:20
can understand why you believe that you think
1:21:22
there are these people who you know that
1:21:24
are bad and that the province will be
1:21:26
better off if you have killed them. You
1:21:28
know, there is no justification legally. And personally,
1:21:30
I don't think there's any justification morally to
1:21:32
execute people. But if you are at the
1:21:34
back end of this thing, you've seen so
1:21:36
much death, you've had friends die as well,
1:21:38
you killed so many people, you don't want
1:21:40
it to be for nothing, you
1:21:42
know, you don't want to just be walking away and
1:21:44
going, oh, well, we didn't win, you
1:21:47
know, especially after after, you know, spending
1:21:50
your entire 30s or, or, you know,
1:21:52
like a great chunk of your life
1:21:54
to this thing, you know,
1:21:56
in Australia and in Afghanistan. That's
1:22:00
just my speculation as to what
1:22:02
happened. But yes, it happened primarily
1:22:05
in 2012. The other thing that I
1:22:07
read about in the book is that a lot
1:22:09
of the guys talk about the incentive structure that
1:22:11
had built up around then. Jackpots
1:22:14
was a big thing. So jackpots are
1:22:16
J. Pel-Targagets who were prosecuted, who
1:22:19
were either killed or were in detention, in
1:22:21
long-term detention. So if you recycle a guy,
1:22:23
you go and catch him and you put
1:22:25
him into the Afghan
1:22:27
justice system. And it doesn't, it won't count
1:22:30
as a jackpot. But at the top of
1:22:32
the mission sheets, it says jackpot.
1:22:34
And there's a box for whether you got a
1:22:36
jackpot or one or two. And I
1:22:38
think the SOTGs were trying to rack up as
1:22:40
many jackpots as they could. And
1:22:43
I don't know this because this
1:22:45
hasn't necessarily been investigated. But I think some
1:22:48
of the order to combat killings may have
1:22:50
been J. Pel-Targets to make
1:22:52
sure that this person was killed rather
1:22:54
than recycled and that they weren't counted
1:22:56
as a jackpot. One
1:22:58
of the things you wrote, actually
1:23:00
kind of, even though no one
1:23:02
was actually killed in this scenario, there
1:23:04
is, I mean, I thought this
1:23:06
was in a sense the most shocking part of your
1:23:09
book, was that you write that Ben Roberts
1:23:11
Smith on training exercises
1:23:13
in Australia was having
1:23:15
the junior operators conduct
1:23:18
mock executions and
1:23:20
saying, hey, that's how we do it overseas.
1:23:23
That's not something you can't chalk that up to
1:23:25
like, in the heat of the moment, you know,
1:23:27
we're in combat, things happen. That's
1:23:30
very premeditated, if it's true. Well,
1:23:34
I mean, all of the alleged murders, or
1:23:37
most of the alleged murders are premeditated
1:23:39
in that drop weapons were involved. So
1:23:41
they took weapons on target or radios
1:23:44
on target so that when they had
1:23:46
executed people, they could for the SSE
1:23:48
photos, drop a weapon or radio on
1:23:50
them. That was evidence that was given
1:23:52
at the defamation case by, I think,
1:23:54
two witnesses who were involved in these
1:23:59
pre-contemplation. employment readiness
1:24:02
exercises. From
1:24:05
memory as well, they gave evidence that
1:24:08
this has happened in front of lots
1:24:10
of people, that
1:24:12
these mock executions in the Ben
1:24:14
Robert Smith has allegedly,
1:24:18
in this defamation case, had sent to
1:24:20
these junior soldiers. You execute this Afghan
1:24:22
because that's how it's going to be
1:24:24
over there. And then one
1:24:26
of the guys gave evidence to him and
1:24:28
picked him up at it later and just said, what
1:24:31
the fuck are you doing? What
1:24:33
are we doing here? And
1:24:38
then we get into 2012, Ben
1:24:42
Robert Smith is accused of kicking a
1:24:44
guy off a cliff. What
1:24:49
happened there? I
1:24:53
mean, a few of the
1:24:55
killings and part of the reason
1:24:57
that I think Australia needs a Royal Commission
1:25:00
is that that was in the
1:25:02
wake of a green on blue
1:25:04
killing where a guy
1:25:06
called Hekmatula had been being
1:25:09
trained by conventional forces in a patrol
1:25:11
base and he turned his gun on
1:25:13
the Australian conventional forces and
1:25:15
killed a number of people and then ran off
1:25:18
into the ether
1:25:20
and they had some intelligence as
1:25:22
to where he was, but they were sort of a
1:25:24
little bit behind the eight ball. So this is one
1:25:26
of the missions where they
1:25:29
flew into this area. They were trying to find him
1:25:31
and it's entirely possible that they found
1:25:34
someone who had been on a phone
1:25:36
who was trying to facilitate his escape
1:25:39
and they may have decided to
1:25:41
take things into their own hand
1:25:44
in that context. But yeah,
1:25:48
that's one of the things that's up in
1:25:50
appeal. It was upheld in the original ruling
1:25:52
that Ben Robert Smith had stood
1:25:55
a guy in front of a cliff.
1:26:00
long deliberations as to whether it was a clear
1:26:02
for whether it was an incline or whatever it
1:26:04
was. But the judge,
1:26:06
which is, and this ruling is now an
1:26:08
appeal, found
1:26:11
it credible that Senator August Smith had kicked
1:26:13
this guy off this cliff. He sustained some
1:26:15
facial injuries and then he ordered another junior
1:26:17
soldier and a machine gun into death afterwards.
1:26:21
Going back to that question of things
1:26:23
happening in the heat of battle, all
1:26:25
of these murders supposedly happened in a
1:26:27
permissive environment after there
1:26:29
was no more shooting. And
1:26:32
to clarify, this guy was
1:26:35
suspected or known
1:26:37
to be linked to
1:26:40
the guy they were after, to
1:26:42
my terror. Well, I mean, there's
1:26:44
been an incredible amount of reporting
1:26:46
about this killing, including two relatively
1:26:48
famous Australian books. And
1:26:52
the intimation has been that he was
1:26:54
someone who just sort of blew into
1:26:56
this town and was the wrong place
1:26:58
at the wrong time. But I've been
1:27:00
told by multiple people that he was
1:27:02
part of a local militia and took
1:27:04
Hecmatilla in and basically sent him off
1:27:07
north after he'd
1:27:09
escaped from this Australian patrol base.
1:27:12
So that's something that might come out in
1:27:15
a criminal trial. But yeah,
1:27:17
we'll see. There's a lot of it that's just well-placed. You
1:27:20
mentioned some of the ideas
1:27:22
for the Australian government and what you think should
1:27:24
happen with some of this stuff. How
1:27:27
much responsibility do you think that the
1:27:29
governments of like Western nations have when
1:27:32
we go into these sort of these
1:27:34
nebulous environments with a rotating justice system
1:27:37
and allow soldiers
1:27:39
to completely, you know, repeatedly
1:27:42
deploy to these, like
1:27:46
they obviously get to a level
1:27:48
of frustration where nothing is changing.
1:27:52
And yet the governments themselves
1:27:54
and their generals, the military structure
1:27:57
is not sympathetic to what's going
1:27:59
on. going on there. No, that's
1:28:01
right. Do you think
1:28:03
there's a solution to that in
1:28:06
how the government would handle these
1:28:08
types of conflicts going forward? Yeah,
1:28:12
I mean, there
1:28:14
were so many times where I was writing
1:28:16
Fine, Fix, Finish, where I was like, why
1:28:18
doesn't a civilian reach down, enforce
1:28:21
a fact-finding mission to have
1:28:23
an actual understanding of the
1:28:25
nuts and bolts, especially of
1:28:27
the SOTG operations, and
1:28:29
then come back, and
1:28:31
you probably need some people who have retired,
1:28:33
military people to sort of assemble
1:28:36
a plan of action to make sure that
1:28:38
we are operating A, in a strategically
1:28:41
coherent way, and B, in
1:28:44
an ethical and moral way, and C, in a way that's
1:28:47
not going to be damaging to your forces. There
1:28:49
were so many times where I just thought,
1:28:52
why does the Department of the Ministry not
1:28:54
reach down? There was a
1:28:57
JTF commander, so the structure
1:28:59
is that we have the SOTGs,
1:29:01
we have all the individual task
1:29:03
groups across the Middle East, the
1:29:05
Australian task groups. They report
1:29:08
to an officer who's in
1:29:11
the UAE, and he's the JTF commander,
1:29:13
so he's a major general. And
1:29:15
then he reports to Australia, which reports
1:29:17
to government. And the JTF commander who
1:29:20
I interviewed said, JTF commanders quite often didn't
1:29:22
even have access to the Australian special forces.
1:29:24
They were sort of told that they didn't
1:29:26
have, they required clearance to be around in
1:29:29
their compound. So
1:29:31
you're never going to have this sort of
1:29:33
transparency if you have major generals who are
1:29:35
part of the command structure unable
1:29:37
to gain access to the soldiers. So
1:29:40
I think that it would have been
1:29:42
useful if the civilians would
1:29:44
be able to reach down and actually speak
1:29:47
to the soldiers, not only from an operational level, but
1:29:49
from an actual boots on the ground level. What do
1:29:51
you guys do? Grab some of these guys and go,
1:29:53
what's your day to day? What are
1:29:55
you told about the ROE? What are you told about the missions? And
1:29:58
then from that, you can build up an under- understanding
1:30:00
of what strategic nature is and then
1:30:02
move things. Because there were these firewalls
1:30:04
all the way through. And
1:30:07
I'm very sympathetic with the ministers
1:30:09
because they are given this political
1:30:11
appointment. But then
1:30:13
also they do have
1:30:16
an obligation, especially when lethal
1:30:18
force is being employed, to
1:30:21
represent the Australian public, to represent in
1:30:23
a democracy the things that are being
1:30:26
done on the other half. And
1:30:28
there was a failure in being able to do
1:30:30
that. It also seems
1:30:32
we were very busy advising the
1:30:35
Afghan military and aspects of the
1:30:37
NDS, the security apparatus.
1:30:40
But we weren't, to my
1:30:42
knowledge, there were no coalition forces
1:30:44
in the actual correctional system. And
1:30:47
it's like that was the leaky hole.
1:30:51
And if somebody higher in
1:30:53
command in the military or people
1:30:55
in governments would have recognized
1:30:57
that. Because
1:31:00
I'll tell you, I'm sort of on the opposite side
1:31:02
of you in the sense of I know why it's
1:31:04
not legal, but I do find it ethical. But
1:31:07
the thing is, we need to take people, we need
1:31:10
to take that situation and make
1:31:13
it so that it meets
1:31:16
your expectations. So
1:31:19
that any nonjudicial killing is
1:31:21
ethical, or I
1:31:23
mean isn't ethical. Yeah, sorry about
1:31:25
that. But
1:31:29
isn't ethical, where these guys aren't rotating back
1:31:31
through and you know it's not kind of
1:31:34
dirtbags that you're dealing with. Yes.
1:31:37
I mean, from my perspective as an Australian, all
1:31:40
Australian forces have to be subject to Australian
1:31:42
law. Sure. Absolutely, because from
1:31:44
a moral perspective, these people are citizens. They are
1:31:46
going to be fighting in Afghanistan for a certain
1:31:48
period of time and then they're going to be
1:31:51
coming out into the community and they have to
1:31:53
be members of the community. If
1:31:56
you are going to be pushing the bounds of what
1:31:59
is allowed. and what is legal,
1:32:01
there has to be at least some sort
1:32:03
of strategic reason for that to be happening
1:32:05
rather than just, this is a bike of
1:32:08
brands, this is a bike we've been sent
1:32:10
in. So perhaps
1:32:12
there is more understanding for
1:32:14
rule bending if you are
1:32:16
an American because you are
1:32:18
committed to this war
1:32:20
that you have decided that is strategically
1:32:23
important. But if you are Australian, there
1:32:26
is no justification for it if it is just a
1:32:29
lines criteria. I'm
1:32:32
agreeing with you on that point in the sense of there
1:32:35
shouldn't be rule breaking.
1:32:38
But in order for there not to be rule breaking, I think
1:32:41
that the people on the ground have to know that
1:32:44
the rules will be followed, that when
1:32:46
they put a guy away, he's going
1:32:48
to stay away. And that's what I'm
1:32:50
saying is that
1:32:52
these governments should recognize that
1:32:55
there's a leak in the indigenous
1:32:58
justice system and not
1:33:01
put the operators, the
1:33:03
soldiers, the people on the ground in the
1:33:05
position of making these bad legal decisions. Yeah,
1:33:09
but then also, I agree, I
1:33:11
highly agree, but then you also need to understand that
1:33:15
you are here for a reason. You're in a country
1:33:17
that has a porous legal system. You have
1:33:20
a country that is
1:33:22
tribally based and the idea of
1:33:24
being an Afghan isn't the same
1:33:26
idea of being an American
1:33:28
or Australian. So there are
1:33:30
going to be these things that are infuriating
1:33:32
to you and perhaps recycling targets over and
1:33:34
over again is one of those things. But
1:33:36
you have to still be an Australian and
1:33:38
an American. They're going to be
1:33:40
an Afghan. You're not going to be an Afghan.
1:33:42
You have to try and understand the
1:33:45
motivations, which is an incredibly difficult thing
1:33:47
to do as to why they're
1:33:49
doing the things that they do. But you still
1:33:52
have to stay who you are. You
1:33:54
have to represent your uniform. You have to represent
1:33:57
your set of rules as much as it sucks.
1:34:00
annoying as it's going to be, but you kind of
1:34:02
have to do that. And I
1:34:04
mean, I think the major sin in Australian
1:34:06
operations in Afghanistan is that doing
1:34:09
less might have been the right thing to do
1:34:12
because then you can just let Afghans rule the
1:34:14
way that right is rule. Right. Yeah.
1:34:17
Tell us about how that's a tough thing to
1:34:19
do. How did this
1:34:21
whole war crimes issue explode into the
1:34:24
public consciousness in Australia? How did that
1:34:26
come about leading into the the Ben
1:34:28
Robert Smith that now defamation trial the
1:34:30
Barrington report all these things? How did
1:34:32
that happen? You know back
1:34:34
home. Well, I
1:34:37
mean it happens internally. It was there was there
1:34:39
were a lot of sort of squeaky wheels within
1:34:41
the command who didn't like that. You
1:34:44
know, that a lot of this stuff that happened. There
1:34:47
was a moment where a new
1:34:49
special operations commander came in and
1:34:52
basically said to the guys look.
1:34:56
Everybody talking about it. I don't know what year this
1:34:58
was. It's in the book. We
1:35:01
you know, we want to clear the
1:35:03
air. This this can't be something that sort of drag the
1:35:05
command down for the for the rest of
1:35:08
the immediate future. So everybody you
1:35:10
can just write down anonymously
1:35:13
in on a piece of paper. Give me an
1:35:15
envelope and just tell me what happened. You know,
1:35:18
right. So then we'll just have a sort of
1:35:20
understanding. You said he got like 200 letters. Yeah,
1:35:23
you got like 200 levels and some of the stuff
1:35:25
with the most outrageous stuff. I think I think it
1:35:28
was sort of like a case of Chinese whispers where
1:35:30
lots of people be like someone I had heard that
1:35:32
someone that I hate did this certain thing, you know,
1:35:34
like done these executions or whatever, you know, like some
1:35:37
outlandish stuff and I can imagine a lot
1:35:39
of the stuff with things that had actually
1:35:41
happened. And so they were
1:35:43
like, well, how can we reconcile with
1:35:46
this? So they bought in a civilian
1:35:48
sociologist, which was has
1:35:50
been hugely contentious. A
1:35:53
woman called Dr. Samantha Crumpet and
1:35:55
she is, you know, essentially a
1:35:58
culture expert and so she. She
1:36:00
interviewed a lot of soldiers about what
1:36:02
had happened and then she filed this
1:36:04
report. And the report
1:36:06
was meant to be about the
1:36:08
culture. She gave it to the Chief
1:36:11
of Defense about the culture within Special
1:36:13
Operations Command. But a lot of it
1:36:15
was detailing the ethical
1:36:17
failings as she saw it within the
1:36:19
command. And so the Crawford
1:36:21
reports became
1:36:25
big news in Australia. It
1:36:27
was very much a big deal. And then the
1:36:29
IGADF at that point stepped in and
1:36:32
they worked on a report for
1:36:34
a long time as well. One
1:36:37
of the issues with that report, my
1:36:39
understanding is that one of the issues with that report is
1:36:41
that they compelled witnesses to
1:36:43
speak. So they interviewed
1:36:46
SAS soldiers and commandos and
1:36:48
they were compelled to talk. You know, they couldn't
1:36:51
basically take a fifth. And
1:36:53
then the report came out and the report detailed
1:36:55
39 murders and there were 19 people who
1:36:58
had allegedly committed these murders. The
1:37:02
report stressed that this wasn't
1:37:04
a totality of what
1:37:06
we think the war crimes problem was,
1:37:08
but these are people who we think
1:37:10
can be referred to a prosecutor.
1:37:14
And so after that, the Australian government,
1:37:16
the Barrett report came out. It was
1:37:19
a big day in Australia. The Prime
1:37:21
Minister stood up on the dais with the
1:37:23
Defence Minister and the Chief of Defense and said,
1:37:25
you know, we're all outraged by this. You
1:37:28
know, no one's more shocked than I am.
1:37:30
Blah, blah, blah, saying all right things. The
1:37:32
Barrett report, by the way, said that, you
1:37:34
know, while there was some moral failings within
1:37:36
the command, you know, it's basically the responsibility
1:37:38
of the soldiers who pulled the trigger, which
1:37:41
is not how I am intending.
1:37:45
But they then built this new
1:37:47
body called the Office of the
1:37:50
Special Investigators. And so
1:37:52
they were then going to build
1:37:54
these briefs of evidence from these referrals
1:37:56
from the Barrett report and
1:37:58
then take them to the... to the
1:38:01
Department of Public Prosecutions and then these
1:38:03
would go through and become trials. But
1:38:06
Brereton was 20-20 I
1:38:09
believe, so it's now four years later.
1:38:11
We've had one arrest, a
1:38:13
guy called Oliver Schultz, and he was the
1:38:15
person who pulled the trigger in the infamous
1:38:18
video where he's standing over
1:38:21
an Afghan youth saying, do you want me to drop this
1:38:23
count? And he kills him. There
1:38:25
hasn't been any other referrals, there
1:38:27
haven't been any other arrests. There
1:38:30
was one of the other things that after the
1:38:32
Brereton report was announced, the Prime Minister announced that
1:38:34
there was going to be an
1:38:37
implementation panel, an
1:38:39
Afghan implementation panel. So
1:38:42
this was going to
1:38:44
address all the structural issues and the command
1:38:46
issues. So they got these three experts and
1:38:49
they were working on it for a couple of years
1:38:51
on the things that the Defence might have done wrong.
1:38:54
They were meant to table the reports to the
1:38:56
government and then the government were meant
1:38:59
to make these reports public. They
1:39:01
didn't, so people have had to go
1:39:03
and FOI these requests, which is a
1:39:05
Freedom of Information mechanism that's
1:39:07
within Australian law where you can get documents
1:39:12
out of government. And then the final report,
1:39:16
which I can imagine is going to be
1:39:18
particularly damning of government
1:39:20
and defence, that
1:39:24
hasn't been made public. So the
1:39:28
Deputy Prime Minister, who's also
1:39:30
our Defence Minister, has
1:39:33
been given the report. He was given the report a
1:39:35
long time ago. FOI requests have been made. Those
1:39:38
requests have been denied, incidentally, by someone
1:39:40
who is involved in the
1:39:45
revitalisation of defence post Afghanistan. The
1:39:48
Senate, our Australian Senate, has
1:39:51
asked for it to be tabled. In fact, they've ordered
1:39:54
for it to be tabled. They have twice ordered it
1:39:56
for it to be tabled. It's gone to a
1:39:58
vote in the Senate. that
1:40:00
the vote has passed, that report is
1:40:02
still not labeled like. It still isn't
1:40:04
available to us. So, you know, years
1:40:06
and years and years on, the
1:40:10
thing sort of drags on and we
1:40:12
have, you know, we have this high
1:40:14
profile General Smith's defamation case where there's
1:40:16
no criminal liability in jeopardy. We have
1:40:19
this one soldier who is going to
1:40:21
be tried for this murder. And
1:40:24
then we have this, you know, report
1:40:26
about defense accountability and what,
1:40:29
you know, what the government of
1:40:31
the day knew or didn't know or should
1:40:34
or shouldn't have done. And it's nowhere to be seen.
1:40:37
And meanwhile, the word goes
1:40:39
on for Australian special operations. These guys
1:40:41
get sent right off to Iraq to
1:40:44
deal with ISIS. Yeah,
1:40:46
that's right. And there was always
1:40:48
speculation that, you know, the
1:40:50
the four squadron guys go over to a
1:40:53
thing called Gallant Phoenix. Have you guys interviewed
1:40:56
anyone who was part of Gallant Phoenix? I'm
1:40:59
pretty sure we have, even if they
1:41:01
didn't use that term. Yeah,
1:41:03
it's like a collective intelligence
1:41:05
gathering in Jordan, I believe,
1:41:07
where they tracked all the
1:41:09
international jahari that went over
1:41:11
to Syria and Iraq. And
1:41:15
then, you know, I think there was some targeting
1:41:18
the TF Hydra with
1:41:20
the Brits and the French and from what
1:41:23
you write about the Australians also. Yeah,
1:41:25
the Australians as well. So that was the that was an
1:41:28
SIS element that went and did that. But
1:41:30
then the commandos went on and worked
1:41:33
in the in the strike settle in
1:41:37
around Mosul and Al-Sar
1:41:39
and Takedim and places like that. And the
1:41:41
Australians were actually in a house
1:41:43
with Eddie Gallagher when when the Eddie
1:41:45
Gallagher incident happened. Yeah. So
1:41:48
that was Seals and commandos who
1:41:50
were together in Bartella in
1:41:52
the Battle of Mosul. Interesting. Yeah,
1:41:55
I've actually been told that the special
1:41:57
air service has kind of taken over.
1:42:00
from the Americans kind
1:42:02
of mentoring the white reaction regiment in
1:42:04
the Philippines. Yeah,
1:42:06
I mean, that would make sense given that we're, you know,
1:42:09
we're sort of much closer to the Philippines than you guys
1:42:11
are. And the
1:42:13
Australians, I mean, the mint
1:42:16
and our insurgency issue,
1:42:18
I can't remember. Do you guys remember when that was? I
1:42:21
mean, it's still
1:42:24
like ongoing. It's ongoing. Yeah. But
1:42:26
I know Australians are over there bringing
1:42:29
in airstrikes and there was J-TACs
1:42:31
and sort of prototypical
1:42:34
strikes out there as well. So, yeah,
1:42:37
I would imagine I mean, my visibility
1:42:39
is with it's with operations
1:42:41
in Afghanistan. You know, I'm not thinking on
1:42:43
the pulse of stuff that's happening now, but
1:42:45
that wouldn't surprise me at all. Do we
1:42:48
have questions for Ben? Yeah.
1:42:50
Do you know, do we have any Patreon
1:42:52
stuff? OK, let me get
1:42:55
to this real quick. So
1:42:58
where do things stand today, Ben, with like
1:43:00
if you could talk a little bit about
1:43:03
the forced disposition of the Australian special operations
1:43:05
community? Well,
1:43:08
I mean, everybody, almost
1:43:10
uniformly, everybody I'm in contact
1:43:12
with is retired because
1:43:14
I think part of the
1:43:16
reason is because that
1:43:19
was the party. You know, Afghanistan
1:43:21
was the place where we, you know, you
1:43:23
could be involved in combat. And I think
1:43:25
there was going to be at least a
1:43:28
long interregnum after Iraq. I mean,
1:43:30
Iraq was was very different. You
1:43:32
know, the the the counter-isis stuff was was
1:43:36
not gunfighting. And
1:43:39
the people that I speak to are sort
1:43:42
of generally an agreed group for
1:43:45
various, the various different reasons. You know, I
1:43:47
mean, there are a lot of there
1:43:50
is a lot of unity within the community
1:43:53
in that they think that the command
1:43:55
piece of the war crime story in
1:43:57
Afghanistan should be understood and should be
1:43:59
exposed. it shouldn't be that the
1:44:01
entire weight of those
1:44:03
failures should be on the soldiers that the guys
1:44:05
were on the ground. And
1:44:07
so even though there's a lot of different
1:44:10
voices and there's a lot of people who
1:44:12
hate each other and there's a lot of
1:44:14
old wounds, I think most
1:44:17
people think that there should be
1:44:19
an understanding of what
1:44:22
the command piece is. Yeah. What
1:44:24
do we got for Ben here? Ben
1:44:27
Corbin, thank you very much. And
1:44:29
Aussie Bud asks, how important was BRS's
1:44:31
family background in enabling the protection of
1:44:34
him? Was there a
1:44:36
cultural problem in other squadrons? There
1:44:40
was a cultural problem in other squadrons, but presumably
1:44:42
it wasn't as bad as two squadrons. So
1:44:46
just a bit of background. They were disbanded, right?
1:44:49
Sorry? Was that the squadron that was
1:44:51
disbanded? They were
1:44:54
supposedly disbanded, but it's a bit of a black
1:44:56
box at the moment. So
1:45:00
yeah, Ben Robert Smith's dad is Len Robert
1:45:02
Smith, who was a major
1:45:04
general and he was the
1:45:07
head of the JAG Corps, I believe, here in Australia. He
1:45:12
was the head of a task force, I
1:45:15
think just before the Robert Smith alleged
1:45:17
murders. He was someone
1:45:20
who was in charge of taking
1:45:23
bullying out of the Australian Defense Force, I
1:45:25
believe. He was part of the task force
1:45:28
doing that. So whether
1:45:30
his family, I think
1:45:33
it's highly unlikely that his family was
1:45:35
sort of directly
1:45:37
involved in covering up any of the
1:45:40
stuff. That
1:45:42
would be, I'd be amazed by that. I
1:45:46
think, you know, being someone who is from
1:45:48
a background that
1:45:50
is what it was, and it may
1:45:55
have made it more difficult for people to
1:45:57
point the finger and to shine a light.
1:45:59
the Victoria Cross might have done that as well.
1:46:01
So I don't think that they would have been
1:46:04
sort of like a cover-up in that way. But
1:46:06
I think that it would have given people pause
1:46:08
to come forward. Scott
1:46:12
G., thank you very much. What's
1:46:15
your opinion, David McBride, and how he would have had
1:46:19
protections under the whistleblower laws with
1:46:21
experts testifying, but the government blocked
1:46:23
the testimony for security concerns? Yeah,
1:46:27
that's a really interesting question. McBride lived just down
1:46:29
the road from me, someone I used to see
1:46:31
all the time. If you don't know
1:46:33
what he did, he was
1:46:36
a legal officer, special operations task group legal
1:46:38
officer who was deployed in 2013. He was
1:46:40
given this rule
1:46:45
of engagement amplification. So
1:46:47
it was basically new steps within, new
1:46:50
steps that the soldiers had to adhere to to
1:46:53
use lethal force. And
1:46:55
his speculation was that this was because
1:46:58
command knew that there
1:47:00
had been these murders that had happened and
1:47:03
that they wanted to have this
1:47:06
ROE amplification. So if it
1:47:08
all comes to light, they could say, look, we
1:47:11
did what we could. The soldiers were
1:47:13
bad soldiers. We'd given this ROE that
1:47:15
they weren't adhering to. What come with
1:47:18
the do? And he took umbrage to
1:47:20
that. There were a
1:47:22
few other things. There was an incident in which a
1:47:24
soldier was being investigated for
1:47:27
a killing and he didn't believe
1:47:29
that the soldier had had erred
1:47:32
and that he thought that this was again, this
1:47:34
selective prosecution basically
1:47:37
protecting themselves against some sort of
1:47:39
exposure as to these other war
1:47:42
crimes that had happened. And
1:47:44
so eventually he leaked a
1:47:46
bunch of documents to a
1:47:48
journalist, to an Australian
1:47:51
journalist who published some of those documents.
1:47:53
And you could argue that that was
1:47:55
sort of the beginning of all the
1:47:57
internal stuff, the conference report and the
1:47:59
very, report might not have happened but that
1:48:01
there was this public pressure because these documents had
1:48:05
been shared on the
1:48:07
ABC. And
1:48:09
then the Australian Federal Police charged
1:48:11
him and the journalists who'd
1:48:14
been given the documents with
1:48:16
espionage act breaches. McBride
1:48:19
was found guilty and you're making reference to
1:48:21
the fact that there's these whistleblower protections. David
1:48:27
McBride, who's a lawyer himself and
1:48:30
the person who was acting for him is
1:48:32
a very senior lawyer too. They
1:48:34
have built this defense
1:48:37
and I can't go into what the defense is because
1:48:41
of the way Australian law works.
1:48:44
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1:48:46
11,000 Australian spooks
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and conditions. 18 plus. To the
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court. And so there were going to
1:50:33
be witnesses. I had made a submission on his
1:50:35
behalf as well. They
1:50:38
were going to be presented to the judge. And
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then, you know, this National Security Information interjection
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basically meant that he had to abandon
1:50:47
his defense and then either defend himself
1:50:49
with no evidence or
1:50:52
plead guilty and throw himself onto
1:50:55
the mercy of the court. So he did
1:50:57
the latter. He's waiting and sentencing at
1:50:59
the moment. And that is a blight
1:51:02
against Australian law that
1:51:04
someone who had done something that
1:51:07
ended up being a public good. There's been a lot of
1:51:09
contentious conversation as to why
1:51:11
he did what he did. I think it's
1:51:13
kind of relatively material. He did expose
1:51:16
these crimes. It's
1:51:18
a blight on Australian law that he wasn't allowed
1:51:21
to announce. The contradiction in
1:51:23
the law is factually
1:51:26
true that he exposed criminal
1:51:28
activity. But it's
1:51:30
also true that he broke Australian
1:51:32
law by breaking classification. And there's
1:51:36
a real problem there that he wasn't
1:51:38
granted some sort of whistleblower protection. But
1:51:41
I think the other issue is, yes, that's true, that
1:51:44
there should have been some sort of whistleblower protection for
1:51:46
him. But when those two things happen, you know, when
1:51:48
there are these sort of immovable forces
1:51:50
within the law, there should be some
1:51:52
sort of public conversation about where we
1:51:54
actually should fall. And that
1:51:56
never happened. You know, his trial never happened.
1:51:58
He basically... The whole
1:52:00
thing just disappeared and he went straight to sentencing, which is
1:52:02
what he's fighting for at the moment. And
1:52:05
it also sort of highlights the
1:52:07
idea that, yes, reporting
1:52:09
crimes or, you know, this
1:52:12
stuff is important, but
1:52:14
if the state commits the crimes, then
1:52:16
it's not, then the
1:52:18
state trumps the crimes.
1:52:21
Yeah. Yeah. I
1:52:23
mean, that's definitely something that happens in
1:52:25
Canberra, you know. That's definitely an entity
1:52:28
that is incredibly good at protecting itself.
1:52:30
Right. So rules for, you
1:52:32
know, the but not for me kind of. We
1:52:36
have... I mean, my issue... Go
1:52:38
ahead, please. No, no, no. Please. No,
1:52:41
go ahead. Your issue is
1:52:43
why. The Australian Broadcasting Corporation, which
1:52:45
is our national broadcaster, recently
1:52:49
did a piece about David McBride. And
1:52:52
it, you know, it wasn't a hitch on,
1:52:54
but it just wasn't particularly sympathetic to him
1:52:56
and especially the reasons why he made these
1:52:58
disclosures. And there
1:53:01
is just this perception. I
1:53:04
mean, it's not even really perception. It's
1:53:06
just the way that it sort of
1:53:08
looks is that they ended up being
1:53:11
part of the government ganging up on
1:53:13
this guy who made these disclosures. All
1:53:15
the individuals that end up bearing the
1:53:18
brunt of these things. Yeah. It's the
1:53:20
soldiers. It's always the soldiers. The institution
1:53:22
crushes the person. They crush the soldier.
1:53:25
Yeah. And not... And
1:53:27
it's generally
1:53:29
the low level soldier, right? Yeah. So
1:53:33
it's the enlisted or the 01 to 04 or 03. The
1:53:38
generals are fine. At
1:53:42
worst, they quietly retire. Yeah. And
1:53:45
get a multimillion job on some board
1:53:47
somewhere. Nobody's ever going to take them
1:53:49
to the task or the lies they told or the
1:53:51
people they sent, you know. Yeah.
1:53:54
But the way that it worked is, you know,
1:53:56
because we had such a poor understanding of what
1:53:58
was happening in Afghanistan. Everybody was
1:54:00
lauded and promoted and given medals
1:54:03
for this campaign that was, that
1:54:06
lacked direction. But then they were
1:54:08
already in those positions when all of the failures
1:54:11
were exposed. So they're like, oh, well, I'm already
1:54:13
here. Yeah. It's like, what can we do? Yeah.
1:54:18
Yeah. I
1:54:21
got feels about that. Okay. Scott,
1:54:23
thank you very much. We really appreciate it. What
1:54:26
do you think of how there are soldiers
1:54:28
who post on Instagram describing how when
1:54:30
they were in the second commander regiment,
1:54:32
they would throw down radios on people
1:54:34
they killed to claim they were enemy
1:54:36
combatants? I
1:54:39
think I know specifically who this person
1:54:42
is talking about and which Instagram they're
1:54:44
talking about. And
1:54:46
he's a good friend of mine and he
1:54:48
has a tattoo of a radio of a
1:54:51
dead Afghan on his arm. Yeah,
1:54:54
I actually
1:54:56
don't believe that this guy ever
1:55:00
actually threw a radio down on a
1:55:02
dead Afghan if we are
1:55:04
talking about the same people. And
1:55:07
in conversations that I've had with him, he's
1:55:09
like, we don't fit the rules.
1:55:12
The rules are if we are told that if we
1:55:14
see someone with an icon radio, we're allowed to shoot
1:55:17
them. Those are the rules that we
1:55:19
are given. And the tattoo is
1:55:22
making reference to the context, which is
1:55:24
you're gonna give me shit for
1:55:26
the job that I did the way that you told
1:55:28
me to do it. Right. That's
1:55:31
not appropriate. I'm gonna do what you
1:55:33
told me to do. I'm a soldier.
1:55:35
I don't get to make my own
1:55:37
rules. I don't get to, legal officers
1:55:39
tell me what the bounds of engagement
1:55:41
are. So
1:55:43
yeah, that's my understanding of the throw down
1:55:45
stuff that's happening on Instagram. Yeah.
1:55:49
And that's it for the questions on
1:55:52
the feed. Guys, I
1:55:54
hope you go out and get yourself a
1:55:56
copy of Find Fix Finish. This book is,
1:55:58
this is. the best
1:56:00
book I have ever read
1:56:02
about how elite soldiers
1:56:05
come off the rails. Like
1:56:11
how does a special
1:56:13
operations, a very elite unit,
1:56:15
people are specially selected and
1:56:17
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1:56:19
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1:56:22
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1:56:24
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1:56:26
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1:56:30
Go check out both Find Fix
1:56:33
Finish, also Massul and The Commando.
1:56:35
I don't know, Ben, do you have anything
1:56:37
else that you want to tell the audience
1:56:40
out there, where can people find you? What's
1:56:42
the next book coming out? Well,
1:56:45
I mean, this book came out last year,
1:56:49
which is my memoir, which is about recovering
1:56:51
from that stroke and that heart attack and
1:56:53
then sort of going off and doing the
1:56:55
things that I did. So
1:56:58
you can check that out. The other book that
1:57:00
I'm working on at the moment is I'm working
1:57:02
with the Australian cricket captain guy called Pat Cummins
1:57:05
on a book about leadership. So
1:57:07
that'll come out back into this
1:57:09
year. So yeah, read
1:57:12
all of Pat Cummins books that I wrote for him. Will
1:57:15
you hold up the other book again? I'm going
1:57:17
to say for the people who are listening on
1:57:19
a podcast, a scar is also
1:57:21
skin. I mean, the
1:57:23
good thing is you probably won't
1:57:25
be able to find Find Fix Finish
1:57:27
in America, but Scarra is also skin.
1:57:29
It's like on Spotify and Audible. Well,
1:57:31
yeah, I mean, full disclosure, I interviewed,
1:57:33
or I'm sorry, I ordered this book
1:57:36
off of Amazon and it only took
1:57:38
like three months to get to me.
1:57:42
You can probably get it on Kindle
1:57:44
quite a bit faster, I would think.
1:57:47
That might be the way to go for most of the
1:57:49
folks. Yeah, it's on Kindle. So yeah, absolutely. What
1:57:52
are your books for the other book? Yeah. So
1:57:56
on Monday, we're going to be back
1:57:58
with Rick Kaiser, who is. is
1:58:00
Seal that wrote a book about
1:58:02
frog man stories. And then on
1:58:04
Friday, we're going to have a
1:58:06
retired B1 pilot here
1:58:09
in studio. Our
1:58:11
first B1 pilot. Yeah, we'll be talking about.
1:58:13
I'll be gentle with us. Yeah, we won't
1:58:15
be talking about grenades and rifles in
1:58:18
that one. It'll be more of the strategic level stuff.
1:58:21
So that'll be interesting. Ben,
1:58:25
thank you for spending your Australian
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2:02:49
quote today at carshield.com/audio. That's carshield.com/audio.
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