Senate debates

Thursday, 22 March 2007

Adjournment

Private Jacob (Jake) Kovco

11:10 pm

Photo of Mark BishopMark Bishop (WA, Australian Labor Party) Share this | | Hansard source

It is almost a year since the death of Private Jake Kovco in Iraq. That death was covered in controversy of the government’s making. Two themes have since emerged with respect to the handling of the Kovco case.

Firstly, there was the bungled investigation by the military police. Effectively, that denied quality evidence to the board of inquiry. So the outcomes of that inquiry were compromised. At the time of the military police’s investigations, their shortcomings were well known. They are now being addressed. But those reforms now being introduced come too late for the Kovco case. It is fair to say that the circumstances are also regretted by the Chief of the Defence Force. His decision to post a special branch officer to each deployment avoids the delay of fly-away teams. His decision, it must be said, is appropriate. But if reform had come sooner, the bungling of the military police investigations might have been avoided.

The second theme to the controversy surrounding the Kovco case was the failed repatriation. Based on the evidence given at the board of inquiry, it seems that the prime cause of this controversy was undue political influence. Obsessive haste drove events, from the moment Private Kovco died to the time his body arrived back in Australia. An obsessive minister drove that haste. The prime example of that was the haste to return Private Kovco’s body to Australia by Anzac Day, for obvious reasons. Also there was the haste when that backfired to try again to save the minister from his self-inflicted humiliation.

When transcripts from the inquiry are considered in full, it is evident that many rules were broken. It is also evident that Defence moved heaven and earth to get Private Kovco back by Anzac Day. In that case the minister would have been happy, except for the incorrect identification in the morgue in Kuwait. Let us look at that evidence. Firstly, it was stated by Brigadier Cosson in her report that, ‘The preferred method for evacuation of ADF personnel within the area of operations is to use US mortuary affairs capability and US military transport arrangements.’ As we know, this means of repatriation for Private Kovco was not used. Clearly it was thought to be too slow. That is why a commercial flight out of Kuwait was chosen. That is also why Private Kovco was transferred to the contractor’s mortuary in Kuwait. And that is where the process went awfully wrong.

This mortuary was condemned by witnesses to the BOI as bordering on the dysfunctional. Brigadier Cosson’s report shows that the standard time to repatriate a body via the US mortuary affairs process is about seven days. So we know from her report that corners were cut. First, repatriation was by commercial airliner rather than by military transport. The body was transferred from the US morgue in Baghdad to the private contractor’s morgue in Kuwait. This leads us to ask the question: why? To catch the first available commercial flight to Australia.

Second, the normal time frame was ignored. That was to fulfil the demand of repatriation of the body within four days, all because of the obsession with haste at all cost. To this Brigadier Cosson added: ‘The inclination to accelerate the repatriation process and return Private Kovco within four days from his death is too short a time frame within which to properly risk manage a ... highly sensitive situation.’ I remind the Senate that Private Kovco died four days before Anzac Day. The desire and consequent directions were intended to repatriate the body for Anzac Day. Minister Nelson continues to refuse to reveal communications between senior officials on this matter. The board of inquiry pursued the question on many separate occasions. Most witnesses denied such an instruction existed, but some conceded that it was a commonly understood goal to which every effort was directed. That common goal produced a frenzy of activity.

Defence instructions mandate an immediate investigation by the military police of all deaths in the ADF. In this case, the military mobilised the Special Investigation Branch. Fly-away teams left Australia at short notice. But, for reasons that still remain unclear, it took the team four days to arrive. Immediately on hearing about the fatality, the officer in charge of the Special Investigations Branch, Major Pemberton, instructed that the body was not to be removed from Baghdad until investigators had arrived and undertaken their own examination. But that critical instruction was overturned.

By this time, the body was at the US military hospital and plans were afoot to cut the corners to which I have referred. Yet Major Pemberton, the IOC—the officer in charge—had no knowledge of that plan. Senior officers in Canberra ignored Major Pemberton’s authority in Iraq. They imposed their own set of arrangements. For example, the death scene was not preserved. Local officers allowed Private Kovco’s room mates to retrieve their belongings. In that situation, goodness knows how much evidence was compromised. Witnesses were not interviewed properly. Why? Because instructions were given that those same witnesses were to escort the body back to Australia. They never gave their evidence. Again, the BOI was short-changed. Senior command in Canberra then requested the New South Wales Police Service to conduct a separate investigation. That request was not known to the military police, so they allowed the death scene to be cleansed.

Interference from a range of commanding officers was extensive and contrary to Defence instructions. Except in political terms, it was unwarranted. The breach of instructions is expressed as ‘risk managing’ the repatriation—the risk being that the body would not be returned in time for Anzac Day. The commander in Baghdad conceded in evidence that, indeed, this ‘was a factor’. Further, to quote the evidence of Lt Colonel Pearce: ‘HQJTF had determined that the priority was for the return of the body by Anzac Day and that they would risk manage the investigation.’ Again, we see the obsession with haste. Canberra and senior officials made demands and the local military attempted to comply. The minister was undoubtedly constantly aware of these developments. After all, PR—public relations—is close to his heart. But the minister’s personal planning imploded. And the rest, as they say, is history. The Anzac Day deadline was not realised—public humiliation. Worse still for the minister, he would have to postpone a trip to the United States.

Minimising embarrassment by bringing home the body of Private Kovco posthaste was not easy either. Clearance of the casket by air required Kuwaiti clearances. It was the weekend and Kuwaiti customs officials were not available. Again we see the pattern: haste, haste and more haste. The CDF became involved. He contacted a senior military contact in Kuwait to pull strings for another short cut. Finally, the body of Kovco arrived back in Australia. A state funeral was arranged—a precedent in itself, which helped the minister fill the cracks in his unfortunate developing profile.

A death in such circumstances is always tragic. The great pity is that the death of Kovco was used for public purpose and personal gain. We should unreservedly condemn the minister for his actions in these circumstances. He cannot deny them. Again I challenge him to contradict the BOI transcript. In such circumstances, he should make a full confession and a public apology as to his own duplicitous conduct in this matter.

Photo of Paul CalvertPaul Calvert (President) Share this | | Hansard source

Senator, I believe that you may have cast aspersions on a person in the other place. I will review the Hansard, but I would remind you that it is not proper in the parliament to advance improper motives on a person in the other place. I do not think you did.

Photo of Mark BishopMark Bishop (WA, Australian Labor Party) Share this | | Hansard source

So you are not asking me to do anything at the moment?

Photo of Paul CalvertPaul Calvert (President) Share this | | Hansard source

Not at the moment, but I will review the Hansard.

Photo of Mark BishopMark Bishop (WA, Australian Labor Party) Share this | | Hansard source

I will await your advice, Mr President.