F01307/11/12 Document 5.1 Inquiry Officer Report into the Death of Lance Corporal Jared MacI'Gnney Talking Points On 24 August 2010, an element of Mentoring Task Force I was conducting a partnered patrol into the village of Derapet in the vicinity of the Tangi Valley. The patrol was engaged in an intense fire fight with insurgents, and approximately half an hour into the battle, Lance Corporal Jared MacKinney was shot by a single round from an insurgent weapon and he was killed instantly. The Inquiry Officer determined there was no failure to make mortar support available to the patrol, there was no failing in intelligence reporting and no member of the patrol exhausted his total ammunition supply during the battle. If asked: Why has it taken so long to release this report? It takes time to conduct a thorough inquiry and to gather information and establish the facts surrounding a combat incident. However, it is clear that insufficient resources and priority have been afforded to processing inquiry reports. I have directed Defence put in place measures to minimise delays to the release of reports in the future. If asked: What is the status of the other combat death reports? There are two reports concerning the death of Sappers Darren Smith and Jacob Moerland, and Private Grant Kirby and Private Tomas Dale, in two separate incidents during 2010 which have not yet been released. Any public disclosure of an Inquiry Officer's report is considered after consultation with family members and affected persons. I cannot speculate on the timing of any release of inquiry reports while these factors are under consideration. Last year there were nine incidents resulting in the death of eleven soldiers. Five of these reports have been completed, one report is being reviewed prior to being completed and two inquiries are still in progress. The appointment of an inquiry into another incident currently awaits the outcome of a technical investigation.
Transcript
F01307/11/12 Document 5.1
Inquiry Officer Report into the Death of Lance Corporal Jared MacI'Gnney
Talking Points
On 24 August 2010, an element of Mentoring Task Force I was conducting a partnered patrol into the village of Derapet in the vicinity of the Tangi Valley.
The patrol was engaged in an intense fire fight with insurgents, and approximately half an hour into the battle, Lance Corporal Jared MacKinney was shot by a single round from an insurgent weapon and he was killed instantly.
The Inquiry Officer determined there was no failure to make mortar support available to the patrol, there was no failing in intelligence reporting and no member of the patrol exhausted his total ammunition supply during the battle.
Ifasked: Why has it taken so long to release this report?
It takes time to conduct a thorough inquiry and to gather information and establish the facts surrounding a combat incident.
However, it is clear that insufficient resources and priority have been afforded to processing inquiry reports.
I have directed Defence put in place measures to minimise delays to the release of reports in the future.
Ifasked: What is the status of the other combat death reports?
There are two reports concerning the death of Sappers Darren Smith and Jacob Moerland, and Private Grant Kirby and Private Tomas Dale, in two separate incidents during 2010 which have not yet been released.
Any public disclosure of an Inquiry Officer's report is considered after consultation with family members and affected persons.
I cannot speculate on the timing of any release of inquiry reports while these factors are under consideration.
Last year there were nine incidents resulting in the death ofeleven soldiers.
Five of these reports have been completed, one report is being reviewed prior to being completed and two inquiries are still in progress.
The appointment of an inquiry into another incident currently awaits the outcome of a technical investigation.
Background
The Vice Chief of the Defence Force today (Thursday, 2 February, 2012) released an inquiry report into the combat death of Lance Corporal Jared MacKinney on 24 August 2010. Lance Corporal MacKinney was part of a partnered patrol whose mission was to conduct a fighting patrol into the village of Derapet. He died during an intense fire fight with Taliban insurgents at the village.
Point of Contact Commission of Inquiry - COL Jim Waddell, Director Chief of the Defence Force Commissions of Inquiry (w) 6265 6040 (m IS47FI Information valid as at: 1715, 1 February 2012
FOl307/11/12 Document 5.2
QUESTION AND ANSWER PACK
RELEASE OF INQUIRY OFFICER REPORT INTO THE DEATH OF LANCE CORPORAL JARED MACKINNEY
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Q 30. Why has it taken so long to release this report?
It takes time to conduct a thorough inquiry and establish facts surrounding a combat death. These inquiries can be very complex and involve liaison with multiple nations' armed forces. However, rest assured, if we identify issues during an inquiry that require quick attention, we take action promptly. Operational circumstances drive our actions.
Since October last year we have reviewed the whole process of Combat Death Inquiries from end to end and identified causes of unnecessary delay. We are now working on the elimination of those causes.
We had already identified the need in August last year to restructure the Commission of Inquiry Directorate based on a full functional review. This has now occurred and its operating procedures have been modified accordingly.
We have established a regular Inquiry Watch Group that has all stakeholders coordinate efforts to progress these Inquiries and to reduce delays.
We are tracking the progress of our still open Inquiries to further improve the process and reduce unnecessary time taken to resolution.
These changes, in part, will see the finalisation of a number of Inquiry Officer Reports in coming months, and a reduction in overall time to finalise these matters.
When are you going to release other inquiry reports into combat deaths from 2010 and 2011?
There are two reports concerning the death of four soldiers (Sappers Jacob Moerland and Sapper Darren Smith, and Private Grant Kirby and Private Thomas Dale) in two separate incidents during 2010 which have not yet been released.
Any public disclosure of an Inquiry Officer's report is considered after consultation with family members, affected persons and the Minister for Defence. I cannot speculate on any release of inquiry reports while these factors are under consideration.
There were nine incidents resulting in the death of eleven soldiers last year. Five of these reports have been completed, one report is being reviewed prior to being completed and two inquiries are still in progress. The appointment of
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an inquiry into another incident currently awaits the outcome of a technical investigation.
If pressed:
The eleven combat deaths in 2011 were: Corporal Richard Atkinson, Sapper Jamie Larcombe, Sergeant Brett Wood, Lance Corporal Andrew Jones, Lieutenant Marcus Case, Sapper Rowan Robinson, Sergeant Todd Langley, Private Matthew Lambert, Corporal Ashley Birt, Captain Bryce Duffy and Lance Corporal Luke Gavin.
Q 32. Why are you releasing the MacKinney report when you haven't released earlier combat death reports such as Moerland and Smith, and Dale and Kirby?
Defence does not necessarily release reports into combat deaths in a chronological order.
It is important to note the time required for inquiry reports will vary depending on the complexity of the incident, the number of people involved and the number of incidents being investigated.
Defence considers publicly releasing an Inquiry Officer's report into a combat death after consulting with family members, affected persons and the Minister for Defence.
Clearances:
IDrafted Name IAppointment DTG Drafted by
Clearance Name Appointment DTG Subject Matter Expert
COL Jim Waddell
BRIG Mick Moon
LTCOLJason LOQue
DCDFCOI
DGSIMC
J09HQJOC
1 Feb 12
1 Feb 12
1 Feb 12
Group/Service 1 Star or above
AIRMSHL Mark Binskin
VCDF 1 Feb 12
This information is consistent with advice provided to the Minister by other means (E.g. QTB, MinSub etc)
Yes / No / Not Applicable (Delete which ever is not applicable)
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(To be completed by 1 Star or above)
Strategic Communications Adviser ASCAMor delegate
John Anderson ASCAM 1 Feb 12
Minister Name Appointment DTG Ministerial Action: (To be completed by ASCAM) Forward to/Cleared by
For Information Name Appointment DTG Regional Manager Public Affairs
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Limited release of Inquiry Officer Reports into the combat deaths of five Australian soldiers
Talking Points
I am aware that the families of Sappers Jacob Moerland and Darren Smith, Privates Tomas Dale and Grant Kirby, and Corporal Richard Atkinson have been provided with Inquiry Officer Reports into the circumstances surrounding their deaths.
As I foreshadowed in my update to Parliament on Afghanistan on 9 February, any decision to publicly release an Inquiry Officer Report is made after weighing the wishes of family members and public interest in releasing the Report to the general public.
I have weighed the wishes of the families and the public interest in the release of the Reports and agreed with the recommendation of the Chief of the Defence Force not to release these Reports.
Ifpressed: Have you decided to change Defence~s policy on being open and transparent?
In the past, Inquiry Officer Reports have been released publicly as a matter of course.
As I stated on 9 February, the focus needs to be on the timely provision of the Report to the family of the deceased.
As such, I have asked Defence to ascertain the wishes of the family regarding the public release of Reports.
Ifpressed: Why don~t the families want the reports released?
It is not appropriate for me to comment on the reasons why the families have requested that information relating to the deaths of these soldiers not be publicly released.
Ifpressed: What is the status of other inquiry reports into combat deaths?
The families of all soldiers killed on operations in 2010 have been provided with Inquiry Officer Reports into the circumstances surrounding their deaths.
In 2011, there were nine incidents resulting in the deaths ofeleven Australian soldiers.
The inquiry into the death of Corporal Richard Atkinson is completed and his family have been briefed on the outcomes of the inquiry.
Inquiries into two other combat deaths have also been completed, and the families of these soldiers have been briefed on the contents and outcomes of the relevant inquiries.
Defence is now working on finalising these Reports which includes a recommendation on whether or not to publicly release the Reports.
I cannot speCUlate on any release of these Reports while this is under consideration.
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Of the remaining six incidents, four inquiry reports have been completed.
Defence is currently in the process of considering and making decisions on the recommendations in these Reports and obtaining Ministerial approval for the release of the Reports to the families and other affected persons.
One inquiry is still in progress and another inquiry is about to be appointed following consideration of a technical investigation.
Point of Contact COL Jim Waddell, Director CDF Commissions ofInquiry, (w) 6265 6040 (m) Information valid as at: 16:40,21 March 2012
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Limited release of Inquiry Officer Reports into the combat deaths of five Australian soldiers
Talking Points
I am aware that the families of Sappers Jacob Moerland and Darren Smith, Privates Tomas Dale and Grant Kirby, and Corporal Richard Atkinson have been provided with Inquiry Officer Reports into the circumstances surrounding their deaths.
As I foreshadowed in my update to Parliament on Afghanistan on 9 February, any decision to publicly release an Inquiry Officer Report is made after weighing the wishes of family members and public interest in releasing the Report to the general pUblic.
I have weighed the wishes of the families and the public interest in the release of the Reports and agreed with the recommendation of the Chief of the Defence Force not to release these Reports.
Ifpressed: Have you decided to change Defence's policy on being open and transparent?
In the past, Inquiry Officer Reports have been released publicly as a matter of course.
As I stated on 9 February, the focus needs to be on the timely provision of the Report to the family of the deceased.
As such, I have asked Defence to ascertain the wishes of the family regarding the public release of Reports.
Ifpressed: What is the status of other inquiry reports into combat deaths?
The families of all soldiers killed on operations in 2010 have been provided with Inquiry Officer Reports into the circumstances surrounding their deaths.
In 2011, there were nine incidents resulting in the deaths of eleven Australian soldiers.
The inquiry into the death of Corporal Richard Atkinson is completed and his family have been briefed on the outcomes of the inquiry.
Inquiries into two other combat deaths have also been completed, and the families of these soldiers have been briefed on the contents and outcomes of the relevant inquiries.
Defence is now working on finalising these Reports which includes a recommendation on whether or not to publicly release the Reports.
I cannot speculate on any release of these Reports while this is under consideration.
Of the remaining six incidents, four inquiry reports have been completed.
Defence is currently in the process of considering and making decisions on the recommendations in these Reports and obtaining Ministerial approval for the release of the Reports to the families and other affected persons.
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One inquiry is still in progress and another inquiry is about to be appointed following consideration of a technical investigation.
Point of Contact COL Jim Waddell, Director CDF Commissions ofInquiry, (w) 62656040 Information valid as at: 09002 April 2012
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MINISTER'S DAILY MEDIA BRIEFING TEMPLATE
Commission of Inquiry appointed into the death of Lieutenant Marcus Case
Talking Points
I am aware that a Commission of Inquiry has been appointed into the crash of an Australian Chinook helicopter in Afghanistan on 30 May 2011 which tragically resulted in the death of Lieutenant Marcus Case.
Following the accident, an Aviation Accident investigation was conducted with the purpose of identifying any aviation safety issues arising from the incident.
Defence has considered the Aviation Accident investigation report.
As a result, a Commission of Inquiry has been appointed to examine broader issues associated with the helicopter crash and the death of Lieutenant Case.
This includes issues that may have implications for the Australian CH-47D capability.
Ifpressed: What is the status of other inquiry reports into combat deaths?
In 2011, there were nine incidents resulting in the deaths of eleven Australian soldiers.
The outcomes of an inquiry into the death of Corporal Richard Atkinson on 2 February 2011 have been briefed to his family but will not be released to the public.
Inquiries into another seven incidents have been completed.
Inquiry outcomes for two of these incidents have been briefed to the families, but no decision has yet been made on whether to release them to the public.
Inquiry reports for the remaining five incidents are under consideration.
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MINISTER'S DAILY MEDIA BRIEFING TEMPLATE
They will be briefed to the respective families in the near future, and recommendations on public release will then be developed. I cannot speculate on any release of these Reports.
A Commission of Inquiry has been appointed into the crash of the Chinook helicopter in Afghanistan on 30 May 2011 involving the death of Lieutenant Marcus Case.
Point of Contact COL Jim Waddell, Director CDF Commissions of Inquiry, (w) 6265 6040 Information valid as at: 1930,04 April 2012
