. 'Teabagging' shuts Australia's top military court
Malcom Farr
HE military judicial system covering 55,000 Australians in uniform has been declared invalid and the Federal Government is to rush in a replacement - and it's all because of allegations of a wild night involving "tea-bagging".
The Australian Military Court yesterday was given a dishonourable discharge by the nation's top civilian tribunal, the High Court, which ruled it was unconstitutional.
That means there will have to be a review of 171 AMC rulings since it was introduced in October 2007 by then defence minister Brendan Nelson to replace the old system of courts martial.
Penalties handed out for offences - including credit card fraud worth less than $1000, assault and indecency - ranged from 63 days detention to fines and demotions. There are more than 50 cases waiting to be dealt with which will have to be put on hold.
The fate of the AMC was decided by a case in which a former sailor was accused of placing his genitals on the head of a sleeping army sergeant - a practice the High Court was told was known as "tea-bagging".
The incident allegedly occurred in August 2005 in the Queensland town of Roma where the two men and two colleagues were visiting on a recruitment drive, which involved a day of golf and drinking.
Before the court could make a ruling on the case, the sailor, Brian George Lane, challenged the AMC's constitutional validity and in May last year launched the High Court case Brian George Lane v Colonel Peter Morrison, a military judge.
The High Court found the AMC was expected to have the judicial powers of the Commonwealth, but had not been set up under the provisions of Chapter III of the Constitution, which authorises the federal judiciary.
A replacement court system will have to be legislated, but Parliament will not return until September 7. Meantime, the old system will be revived.
"It is critical the Australian Defence Force has a functioning military discipline system, particularly when it is engaged in operations overseas," Defence Minister John Faulkner said.
"As an interim measure, the Government will give appropriate priority to legislation that temporarily reintroduced the pre-2007 military justice machinery for trials by court martial and defence force magistrates."