The Morrison government has announced judge Mark Weinberg as the special investigator who will probe allegations that Australian special forces soldiers committed war crimes in Afghanistan.
Weinberg, a Victorian court of appeal judge with extensive criminal law experience, most recently came to public attention during the proceedings against cardinal George Pell. He was the dissenting voice to support Pell’s initial bid to quash his convictions.
The state’s court of appeal decided by a majority of two to one to uphold the trial jury’s verdicts before Pell’s legal team successfully appealed to the high court which quashed the convictions.
The Office of the Special Investigator will examine the findings of the Brereton report into alleged war crimes and is scheduled to begin work in early 2021, the home affairs minister, Peter Dutton, said on Wednesday.
Attorney-General’s Department Secretary, Chris Moraitis has been appointed Director-General of the Office of the Special Investigator – created to deal with war crimes allegations.
Former Commonwealth DPP and senior judge Mark Weinberg will be the investigator @abcnews #auspol pic.twitter.com/CIPICMOs6d
— Matthew Doran (@MattDoran91) December 16, 2020
Weinberg will be able to assess the evidence collected through the inquiry and make referrals to prosecutors if deemed appropriate.
The government had previously flagged it would need someone with extensive criminal law experience and Weinberg fits that bill. He is a former Commonwealth Director of Public Prosecutions, and he practiced criminal law prior to that appointment, including as a Queen’s counsel. He has written extensively on sexual assault and historic sexual abuse cases.
The current secretary of the federal attorney general’s department, Chris Moraitis, has been named the director general of the office of the special investigator, and Ross Barnett, a former Queensland police deputy commissioner, will take leadership of investigations.
Barnett was Queensland’s first Racing Integrity Commissioner, and he has previously worked in the Australian Crime Commission, the National Crime Authority, and the Queensland Crime Commission.
Dutton announced the appointments on Wednesday afternoon.
“The task for these eminent appointees will be challenging and as the prime minister has noted, difficult for Australia,” he said. “They bring a wealth of experience to the very important work this office will do. Their combined wealth of experience will serve the office well in undertaking the significant task ahead.”
Experts have previously warned that the prosecution of alleged Australian war criminals will face “immense” hurdles, including the gathering of years-old evidence in remote parts of Afghanistan, and proving soldiers intended to harm non-combatants.
The announcement comes almost a month after the release of Maj Gen Justice Paul Brereton’s report which found Australian special forces were allegedly involved in the murder of 39 Afghan civilians – in some cases executing prisoners to “blood” junior soldiers before inventing cover stories and planting weapons on corpses.
Brereton’s report took more than four years and found credible evidence of the 39 killings, which, if accepted by a jury, would constitute the war crime of murder.