Bob Sercombe (Maribyrnong, Australian Labor Party, Shadow Minister for Overseas Aid and Pacific Island Affairs) Share this | Hansard source

With the large number of ADF personnel deployed overseas, issues of morale are obviously very important for us all to bear in mind. We saw recently in East Timor, from the reaction to the visit by the Minister for Defence, that the issues that adversely affect morale can be many indeed. One of the most substantial issues for morale is a sense amongst serving personnel that, if there are problems, if there are issues, they should be treated justly and get fair and proper process.

For some considerable time now—probably for more than seven years—I have been raising with the appropriate ministers in this place and in several parliamentary contributions the circumstances of a constituent of mine, Kevin Lee, who, some 50 years ago, served with the Royal Australian Navy in Japan. Mr Lee got himself into some strife, I would suggest through no fault of his own, and was subjected to a totally unfair and improper legal process whereby he was incarcerated. Time constraints prevent me from going into the details of his case but he has had support in terms of his circumstances from no less a personality than retired Rear Admiral Kennedy. In more recent times he has been receiving the active support of retired Brigadier Kerry Mellor, who is an advocate for the Regular Defence Force Welfare Association. Mr Lee is an ageing gentleman who wants to be exonerated within a reasonable period of time and, tragically, he has been subjected to intensive bureaucratic mucking around and an unwillingness on the part of the boffins and the brass within the Defence establishment to have a substantial look at his case.

Brigadier Mellor wrote to the Prime Minister earlier this year in terms of some frustration and he received from Andrew Kefford, a senior adviser to the Prime Minister, frankly, a totally unacceptable answer. Amongst other things, the Prime Minister’s adviser said:

As you would be aware, the issues surrounding the incident are a matter for the Department of Defence and the Prime Minister is not able to intervene in this matter.

Frankly, that is total nonsense. This is an issue that goes well beyond, in my view, the circumstances of one particular, very distinguished gentleman who has served his country and who has been treated quite unfairly and improperly. It goes very much to the degree of certainty that all personnel can have in having matters dealt with fairly and impartially, and not having tainted evidence introduced into cases. In relation to my constituent’s circumstances, he did not have defence counsel. He did not understand the charges or the proceedings because they were conducted in Japanese. There were no first-hand witnesses at his trial. Frankly, the circumstances are totally unsatisfactory. He deserves justice. (Time expired)

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