The head of the Australian Defence Force Academy (ADFA) has been exonerated by an independent inquiry into a scandal at the elite officer school involving a female cadet who was filmed having consensual sex.
The long-awaited report into the so-called “Skype scandal” found there was no legal basis to prevent Commodore Bruce Kafer from returning to the commandant position he vacated in April 2011 and that he did not err in his handling of unrelated disciplinary action against the cadet.
But Defence Minister Stephen Smith stood by the comments he made last year that Commodore Kafer made a serious error of judgment in deciding to proceed with the action against the 18-year-old at the centre of the scandal.
“I don’t resile one iota from anything I said or did at the time,” he told journalists at an hour-long press conference in Canberra on Wednesday.
Asked if Commodore Kafer had his full confidence, Mr Smith deflected the question, saying the commandant had the full confidence of defence force chief General David Hurley and other defence leaders.
The inquiry outcome means Commodore Kafer can now resume his duties at the academy this week.
The “Skype scandal” occurred on March 28, 2011, when a male cadet had consensual sex with a female colleague, filming their encounter without her knowledge and streaming it to six other cadets in another room.
The cadet, known as “Kate”, subsequently went to the media with her story, resulting in massive coverage that questioned the culture inside the defence force.
It was also discovered the ADFA had proceeded with disciplinary action against her on unrelated matters, concerning the use of alcohol and being absent without leave.
Mr Smith was highly critical, on the grounds that the action brought into question the character of a potential victim of an alleged sexual abuse.
In the ensuing public outcry over the Skype incident, the federal government commissioned a range of inquiries into defence culture.
The key inquiry into the ADFA’s management of the affair was conducted by lawyer Andrew Kirkham QC and his findings were handed to the government in December.
Mr Smith said both he and General Hurley wanted to release the report, even in redacted form, but concluded they couldn’t because it focused on individual actions rather than organisational deficiencies and shortcomings.
Two male cadets involved in the scandal face civil charges, which are still before the ACT courts. Others are likely to face defence disciplinary action.
Kate left the ADFA last April but continues to serve in the Australian Defence Force in Queensland.
Mr Smith said while the Kirkham report found there was no error in proceeding with the disciplinary action against Kate, it would have been just as reasonable not to conduct the proceedings.
The inquiry considered and rejected a number of media claims, including that Kate was advised to apologise for going to the media, that she was abused by other cadets and that her room was plastered with shaving foam.
General Hurley believed his decision to send Commodore Kafer on leave on April 10, while the almost year-long inquiry took place, was fair.
“I regret that it took so long. It took longer than we thought,” he said.
However, General Hurley warned that going to the media should not be the first recourse for defence personnel who had a serious complaint.
“There are channels for people to go through and the media is not necessarily the first,” he said.
Australia Defence Association executive director Neil James, who has been highly critical of Mr Smith’s handling of the case, said it was shocking that the minister had failed to apologise.
“Civil control of the military in Australia is an important constitutional principle but civil control of the military by ministers must be exercised properly and indeed it must be exercised in the other sense of the word civil – politely and with respect for people,” he said.
“Commodore Kafer has been denied respect by the minister’s refusal to apologise.”
Opposition defence spokesman David Johnston said Mr Smith should apologise to Commodore Kafer.
“It is clear from the Minister’s own statement today that Commodore Kafer is, at the very least, owed an apology, as he has been completely exonerated,” he said in a statement.
Opposition defence personnel spokesman Stuart Robert said Mr Smith should release the Kirkham report in redacted form once all legal proceedings had concluded.
“The Minister should not be allowed to hide behind his statements today,” he said in a statement.
“Any competent Defence Minister seeking to earn the respect of his department would lead by example and should abide by the decision of the independent umpire and in this instance apologise to Commodore Kafer on behalf of the Department and himself.”
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