“Culture of Impunity”. Army sexual assaults dismissed, officers promoted

A senior army officer who dismissed sex abuse complaints as alcohol-related was appointed to lead SAS reforms ahead of the Brereton war crimes report. Stuart McCarthy reports.

The Albanese government’s appointment of recently retired Defence Chief General Angus Campbell as Ambassador to Belgium, NATO and the European Union has reignited a long-running sex abuse scandal in the infantry battalion, which was commanded by Campbell in East Timor at the turn of the century.

The controversy highlights deep-rooted cultural and institutional problems among the defence force’s most senior generals, their failures to deal with sexual and other serious abuse, and what former soldiers call “gross hypocrisy at the highest command levels” throughout the Afghanistan war crimes saga.

Adding fuel to the controversy is how a decorated senior army officer who dismissed complaints about sex abuse by a Sergeant – the Sergeant was later convicted of multiple rapes and sexual assaults – was appointed to lead in-house Defence “reforms” of the SAS ahead of Major General Paul Brereton’s landmark 2020 report on alleged war crimes in Afghanistan.

The officer now acknowledges his initial conclusions that the complaints were alcohol-related rather than sexual in nature proved to be incorrect once the facts became known.

Three decades after the abuse occurred in the Townsville-based 2nd Battalion, the Royal Australian Regiment (2 RAR), a group of survivors and family members profoundly affected by ongoing trauma are now calling for Prime Minister Anthony Albanese to launch an independent investigation into more evidence of sexual abuse involving the same former Sergeant.

They also want the probe to examine “potential cover-ups” by officers up the chain of command. The group has given MWM credible accounts of an additional alleged rape and at least two additional alleged sexual assaults that occurred in the battalion during the mid-1990s and says there are “likely” to have been more.

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Apologise, Review, Rinse, Repeat

In 2012, then Defence Minister Stephen Smith apologised in Parliament to the victims of sexual abuse in the defence force after a 1500-page review by law firm DLA Piper uncovered several hundred credible allegations of abuse, including rape and sexual assault. He told Parliament the government’s “actions and commitment into the future” would ensure such an apology “will never have to be repeated.”

The government responded to the DLA Piper report by establishing the Defence Abuse Response Taskforce (DART), initially led by Major-General Len Roberts-Smith, which eventually found 1,723 “plausible” complaints of sexual abuse at the Australian Defence Force Academy (ADFA), resulting in more than $60 million in “reparation” payments at a maximum of $50,000 per individual complainants. The final DART report in 2016 says a total of 133 complaints comprising 191 separate abuse allegations “that could constitute a criminal offence” were referred to state and territory police forces.

Defence abuse expert Professor Ben Wadham told MWM he doesn’t know if any of those referrals have resulted in actual prosecutions, “Through my research, there have been numerous cases of individuals who experienced institutional abuse and sexual assault where the perpetrators have been identified but have not come before the criminal justice system for resolution.

The principal barrier is jurisdictional authority between the military justice system and civilian police.

Wadham is the director of the ‘Open Door: Improving the Wellbeing of Veterans, Public Safety Personnel and their Families’ research initiative at Flinders University and provided key testimony on institutional abuse to the Royal Commission into Defence and Veteran Suicide (DVSRC).

The cycle sadly continues. As recently as 2021, Campbell reportedly warned a class of ADFA officer cadets not to go out late at night and consume alcohol while presenting themselves as “attractive” to avoid falling “prey” to sexual abuse. Critics suggested Campbell’s comments were “dangerous” and “outdated,” leading to “victim blaming” and “barriers to the victims of sexual assault being able to talk.” Campbell responded, saying his speech was “misinterpreted by some.”

Bystander behaviour

The 2 RAR survivor group also accuses the senior Defence hierarchy of the same “bystander behaviour” that top generals blamed for enabling Australian special forces war crimes in Afghanistan.

MWM can also reveal military police involved in an investigation into the conduct of the former Sergeant at 2 RAR raised concerns about the possibility of similar misconduct in the 1st Recruit Training Battalion (1 RTB) at Wagga Wagga, where he previously served as a recruit instructor.

These concerns are shared by other sources who have recently spoken to MWM.

The Courier Mail reported in 2012 that a 1994 complaint of two sexual assaults committed by the Sergeant was made to then Major Shane Caughey, a company commander in 2 RAR.

Defence documents, including a sworn statement from the complainant, show Caughey dismissed the complaint on the grounds that there was “never a hint” of the Sergeant’s homosexuality.

One year later the Queensland Police charged the Sergeant with raping a soldier at a civilian residence, then another soldier came forward with rape and assault allegations. The Sergeant was eventually convicted of assaulting four soldiers and raping two, sentenced to imprisonment by civilian and military authorities, and discharged from the defence force.

Defence documents also show that in 2001 Caughey – by then a Lieutenant Colonel – was issued a “show cause” notice after an investigation found the rape at the civilian residence “arguably” could have been prevented if the earlier sexual assault complaint had been handled “more rigorously.”

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Incomplete information

MWM does not allege any wrongdoing by Caughey. However, his documented handling of the complaint does illustrate cultural and institutional barriers to sex abuse reporting at the defence force leadership level. To Caughey’s credit, he responded to MWM’s query in his private capacity, not representing Defence or any other organisation.

He says he is not aware of any other reported or alleged offences or suspicions held by the military police in relation to the former Sergeant’s service at 1 RTB prior to his 2 RAR posting. On his handling of the initial complaint, Caughey acknowledges that based on “incomplete information” initially provided to him, “My initial conclusion that these incidents were not sexual in nature, but were actions consistent with disorientation based on excessive alcohol consumption … proved to be incorrect once all facts became known.”

For legal reasons and to protect the identities of survivors and their families, MWM will not name the former Sergeant or the complainants. The abuse survivors who spoke to MWM are fearful of the repercussions if their identities are exposed by Defence officials motivated by containing reputation damage to themselves or 2 RAR.

Culture of impunity

The abuse survivors say this is why they need Albanese’s direct intervention with an investigation “completely independent” of Defence and the military justice system. They cite a “culture of impunity, gross hypocrisy and arse-covering” in the defence force senior leadership – laid bare throughout the Brereton inquiry and the DVSRC – as justification for appealing to Albanese.

During the DVSRC’s proceedings the Commission’s chair Nick Kaldas – a former Deputy NSW Police Commissioner – publicly flayed Defence’s top brass for “catastrophic leadership failures.”

A key finding in the DVSRC final report last year was that the “military justice system” – including the Inspector-General of the Australian Defence Force (IGADF) – had been “weaponised” against complainants and other Defence personnel affected by their inquiries, often through the abuse of administrative law as a proxy for criminal proceedings.

The Brereton inquiry was held under the auspices of the IGADF and has been heavily criticised for its failure to find command culpability on the part of senior defence force officers. Brereton was appointed by the Albanese Government as the inaugural head of the National Anti-Corruption Commission in July 2023.

Caughey told MWM he categorically denies there were cover-ups through the chain of command. He says new allegations or evidence of abuse should be “referred to the civilian police.” Regarding the survivors, he says:

It is my strong desire and hope that any person impacted directly or indirectly by the actions of [the former Sergeant] be afforded all available support for their ongoing trauma.

Despite his 2001 “show cause” notice, Caughey rose through the ranks to Major General and retired from the defence force in 2018. Until recently, he performed the honorary role of Colonel Commandant of the Royal Australian Regiment, the parent organisation of the Army’s regular infantry battalions.

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Brereton Inquiry

Amid growing war crimes speculation and media leaks around the Brereton inquiry’s proceedings in 2019, Caughey was appointed to the role of independent “special forces advisor,” answerable to then Chief of Army Lieutenant General Rick Burr.

Burr told The Australian in 2020 ($) that Caughey’s mandate was to “support and monitor the implementation of reforms” to the SAS recommended in a 2018 review of the Army’s special operations command by former spy chief David Irvine.

Caughey’s appointment coincided with Burr’s vocal, public attacks on junior and middle-ranking special forces troops in Afghanistan for “bystander behaviour” enabling war crimes. Burr said to The Australian at the time:

It’s critical to our profession that people call out bad behaviour when they see it … we want our people to call it out so it can be acted on quickly.

The current Defence staff directory indicates Caughey remains in his special forces reform role to this day, presumably as a contractor or consultant. (MWM asked Defence to confirm Caughey’s current employment status, but they did not respond.)

Survivor group call for investigation

The 2 RAR survivor group’s calls for an independent investigation are backed by experts in military law and Defence abuse, one of whom says the investigation should have the powers of a royal commission.

Professor Wadham told MWM the defence force remains “manifestly incapable” of holding itself to account for institutional failures in responding to abuse cases such as this one. He says that when survivors and families meet institutional barriers to reporting abuse, they “find  another way.”

In Wadham’s view, appealing to executive government via the media is a “perfectly legitimate” approach to seeking recourse, citing the 2011 ADFA Skype sex scandal that triggered the DLA Piper review and DART, among other more recent examples.

The former 2 RAR soldiers who spoke to MWM on condition of confidentiality were in their late teens to early twenties at the time of the abuse. At least one has chronic, “treatment resistant” post-traumatic stress disorder so severe he has undergone the controversial electro-convulsive treatment. One of their spouses told MWM:

“I believe the proven and alleged abuse, cover-up, and then promotion of those responsible for the cover-up have eroded the trust of the entire battalion and significantly contributed to the distortion of culture that has played out in these men’s lives. A culture of silence was not only encouraged but reinforced by the 2 RAR hierarchy, then backed up through the highest ranks when Caughey was promoted. 2 RAR is a battalion sworn to secrecy, and its darkness stemmed from the top down.”

Military lawyer and Defence analyst Dr Glenn Kolomeitz says the defence force’s mishandling of the abuse in 2 RAR thus far “is classic Defence incompetence stuff.” He told MWM:

“Not only is an independent inquiry warranted, it should have the powers of a royal commission to seize departmental documents, protect the witnesses and tackle the jurisdictional issues arising from sex offences in a military setting. Hand-passing this to IGADF or the civilian police would be a blunder.”

Command responsibility

Dr Kolomeitz drafted Senator Jacqui Lambie’s 2023 referral of senior defence force officers to the Prosecutor of the International Criminal Court for an investigation into the war crime of command responsibility.

The referral was triggered by the Albanese Government’s failure to initiate criminal proceedings against senior officers who knew or should have known war crimes were being committed by troops under their command in Afghanistan but failed to take action.

An independent oversight report discrediting Brereton’s exoneration of the Defence leadership was suppressed for months last year by Defence Minister Richard Marles, until the day military whistleblower David McBride was sentenced to more than five years in jail, for disclosing classified documents implicating senior officers in command culpability for crimes identified in the Brereton report.

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Angus Campbell’s role

The sex abuse survivors and family members who spoke to MWM are scathing in their criticisms of “gross hypocrisy” among 2 RAR officers and their peers who rose through the ranks to senior command and leadership appointments in the years leading up to the Brereton inquiry and DVSRC. One former soldier said to MWM:

How on earth did [Campbell] become chief of the defence force after the [sex abuse] shit-fight in 2 RAR? He and his mates were the worst bystanders.

Although the sexual abuse occurred years before Campbell took command of 2 RAR in 2001, the survivors accuse Campbell and his peers of “turning a blind eye” not only to the initial abuse complaints, but the ongoing health and welfare needs of affected soldiers and families who were – and remain – badly traumatised.

Campbell was later the national commander of Australian troops in the Middle East and Afghanistan in 2011, then promoted to Chief of Army in 2015. His referral of so-called “rumours” of war crimes to the IGADF in 2016 triggered the Brereton inquiry.

Campbell and Burr were leading proponents of the now-debunked “we didn’t know” narrative in efforts to circumvent criminal liability for command responsibility under Australian and international law.

One of the more notorious war crimes identified in the Brereton report was, in fact, publicly reported to Prime Minister Julia Gillard, Defence Minister Stephen Smith and Defence Force Chief General David Hurley by the President of Afghanistan in 2012, four years before Campbell’s IGADF referral.

MWM has approached Albanese, Marles and Defence Personnel Minister Matt Keogh for comment, asking if they support the 2 RAR survivors’ calls for an independent inquiry into the abuse and potential command cover-ups.

Our media query to Albanese was flicked to Defence, but after agreeing to an extended deadline, we have received no response from either Defence or the Prime Minister’s office.

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