Abbott attacked on military prosecutions

Defence Minister Stephen Smith has criticised as inappropriate comments by
Opposition Leader Tony Abbott regarding the prosecution of three Australian diggers.
Mr Abbott suggested on Tuesday the government hadn't done its job in terms of
supporting the soldiers.
"I suspect there has been a deep failure by this government to provide these
soldiers with the defence that they are entitled to," the Liberal leader told the
Macquarie Radio Network.
"The last thing that people would want to see is soldiers being stabbed in the back
by their own government, and I know a lot of people think that's what's happening."
The independent Director of Military Prosecutions, Lyn McDade, last month approved
the prosecution of three commandos on charges including manslaughter and dangerous
and prejudicial conduct.
The charges stem from a night-time raid last year on a residential compound in
Afghanistan's Oruzgan province, in which six civilians died, including five
children.
Mr Smith said Mr Abbott should know that the process is independent of government
"because he was a member of the government which introduced this change".
"As I have previously said about the laying of charges by the Director of Military
Prosecutions, this is a matter for the independent military legal process," the
defence minister said in a statement.
"It is not appropriate to comment on the decision of the Military Prosecutor, the
incident itself, or to prejudge in any way the outcome of the process."
The position of the Director of Military Prosecutions was established in 2005 by the
former Howard government with bipartisan support from Labor.
Brigadier McDade was appointed by then Defence Minister Brendan Nelson.
Mr Smith said senior Australian Defence Force officers represent the interests of
soldiers "not the government".
But Mr Abbott believes Labor can, and should, get involved.
"There is provision for the government to make representations to the director under
... the military discipline act, and what we as an opposition want to know is just
what representations did the government make on behalf of these soldiers, what kind
of legal advice, which QC did they get to provide this kind of legal advice (and)
has the government ensured that these soldiers have been given the best possible
defence," the opposition leader said.
"They are our boys, and they deserve to be given every possible chance."