Posted on 06/28/2005 6:35:49 AM PDT by gd124
Attorney-General Philip Ruddock has asked for a full report into the outcome of a US military trial of two Marines accused of a brutal attack last year on a young Australian in a Townsville nightclub.
The American military court which heard the case dropped charges against one Marine and acquitted the other earlier this month.
The family of Heath Twomey, who had his throat cut, is questioning his fate at the hands of the United States military justice system.
The Townsville student never had the chance to give evidence against them in the court and he was not told by either the US or Australian Governments of the acquittal, only learning about the case through the media.
Federal Attorney-General Philip Ruddock says his department should have informed the family and he is now seeking to find out if the US prosecutor has appealed the decision.
"I've asked for a full report on the matter," he said.
Ron Twomey describes his son as a troubled soul and says his life was forever changed by the stabbing attack in February last year.
"He was assaulted by being hit with a bottle, he had his throat slashed, it nearly penetrated the jugular vein," he said.
"So God knows what the circumstances or consequences would have been if it had.
"I mean, he's still around and he's still with us, that's the most important thing from a family thing.
"So we're happy about that but how the whole matter's proceeded is just bewildering."
Despite the attack occurring in Townsville and the Marines being arrested and charged there, the case was not dealt with in Australia.
Instead the suspects were transferred to the US to be dealt with by a military court.
Under pressure from US officials, Ron Twomey says his son accepted the transfer believing he would get a swift hearing and that the penalty would be more severe.
Heath Twomey was also told by an American investigator that one of the Marines had made a confession.
"I think he's been left high and dry in the whole matter," Ron Twomey said.
"It's such a foreign outcome compared to what would normally ensue within the Queensland justice system.
"I certainly know Heath was never a participant, I know some witnesses that were supporting him weren't participants.
"I don't know who participated at all."
The US Embassy, when contacted by The World Today, referred the ABC to the Judge Advocate General (JAG), which handles all legal matters for the US military.
A spokesman for JAG was not available for comment.
Mr Ruddock says his department accepted the transfer of jurisdiction on two grounds - that the US military said it would deter US forces operating in Australia from engaging in similar behaviour and to assure Australian citizens it would hold their servicemen accountable for their actions.
Mr Ruddock says he is now asking for advice on the Twomey case.
"I am not on the face of it, without being satisfied, prepared to let the matter go without further inquiry, and that's where it stands.
"I think it's quite clear that they (the department) should have informed the family of the outcome.
"I want to know whether or not [justice has been done], I want that matter tested."
< /sarc>
Me thinks a drunk bar patron said something vile and insulting to two Marines in a bar and a brawl was on. I suspect, based on personal experience from my younger days, that there were more than three people involved. The young man got hurt in the melee.
Maybe, but don't you think it's a little strange that the victim wasn't even called to testify?
That's the beauty of a one-sided story. It plays on people's ignorance.
Silence is ambiguous.
I doubt many civilians are ever called to testify in a court-martial. And the report is mute on whether the victim was interviewed.
I found another article with a bit more information. http://www.news.com.au/story/0,10117,15740305-1248,00.html
It seems like he didn't have much communication with the (American) prosecutors:
Heath's mother Marilyn said he received a phone call from the USA about four or five months ago.
"He was on a day off from uni and told us the US called and told him they were in a courtroom and asked him a couple of questions. He said he was on the phone for a total of about two minutes," Mrs Twomey said.
Another thing I found strange in that article was this:
The incident occured on February 1 last year at Bullwinkles nightclub. Both marines were charged by Townsville police. They were granted Supreme Court bail in Townsville on February 6 last year and were due to reappear that May. However, the pair failed to show with defence solicitors saying that they were in Japan.
Following a hearing in Townsville Magistrates Court, both men and the cases were handed over to the US military at the request of US authorities and under a military agreement between Australia and the US.
Is it usual for military charged with attempted murder and released on bail to be allowed to leave the country?
The Australians are are closest allies in the world today and I'd to see that endangered in any way.
The Australians are are closest allies in the world today and I'd to see that endangered in any way.
This won't endanger it. The Australian government certainly wants answers as to what happened in this case - but it's very possible that there are reasonable answers.
Even if there were some problems with the way this case was handled, most Australians understand that any system can make the occasional error. The only ones who might try and make a big issue of this, are those who are already inclined to be anti-American.
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