The Australian Defence Force has confirmed that investigations into complaints against former judge Paul Brereton have been dropped following his resignation. Brereton, who led the landmark inquiry into war crimes allegations in Afghanistan, resigned from his position as a judge of the New South Wales Court of Appeal in December 2023.
Complaints and Resignation
Multiple complaints had been lodged against Brereton, including allegations of misconduct and bias during his time as head of the Afghanistan Inquiry. However, with his resignation, the ADF has decided to cease further investigations, stating that they no longer have jurisdiction over a former judge.
According to a Defence spokesperson, "The Australian Defence Force has concluded its preliminary assessment of the complaints against Mr. Brereton. Given his resignation, there is no longer a basis for the ADF to continue its inquiries." The spokesperson added that the decision was in line with legal advice.
Impact on Accountability
The termination of the investigations has sparked criticism from legal experts and advocacy groups, who argue that it undermines accountability. Dr. Sarah Jones, a professor of law at the Australian National University, said, "This sets a troubling precedent. If individuals can avoid scrutiny by resigning, it weakens the integrity of our institutions."
The complaints against Brereton included claims that he had shown bias against certain witnesses and had mishandled sensitive evidence. The Afghanistan Inquiry, which Brereton led, resulted in the referral of 36 incidents to the Australian Federal Police, with allegations of unlawful killings by Australian special forces.
Broader Implications
The decision to drop the investigations comes amid broader debates about military accountability and the handling of war crimes allegations. The Inspector-General of the Australian Defence Force, who oversaw the Afghanistan Inquiry, has declined to comment on the specific complaints against Brereton, citing privacy concerns.
In a statement, the Office of the Inspector-General said, "We respect the legal process and the decision made by the ADF. Our focus remains on implementing the recommendations of the Afghanistan Inquiry and ensuring accountability within the Defence Force."
The dropping of the investigations has also raised questions about the independence of the complaints process. Some critics have called for an independent body to handle complaints against former judges and military officials.
