Neal, Haytham
I thought I would write to let you know of the status of the charges against the Australian soldiers I represent.
I think I may have previously told you that they were charged with manslaughter by criminal negligence and in the alternative, the military discipline charge of dangerous conduct with negligence as to the consequences.
Last week the military judge heard an application by us to dismiss the charges on the grounds that they are wrong in law. Iâve attached our written submissions. Among other matters, we contended that the charges were wrong in law because, they required establishment of a duty of care to non-combatants on the battlefield. We contended that no such duty exists. This argument was accepted and the charges were dismissed (or to be more correct, returned to the military prosecutor). Our submissions were in part based on an old decision of the High Court of Australia (see my email of 9 Dec 10, copy attached), which has been followed in the United Kingdom. Iâve attached the judgeâs decision for your information.
I wonder whether these matters might have application to the negligent homicide offences against SSGT Wuterich.
I hope this helps. Iâd be very happy to discuss this further with you if that would be of assistance.