DEFENCE MEDIA RELEASE
Issued by Ministerial Support and Public Affairs, Department of Defence, Canberra, ACT
Phone: 02 6127 1999, Fax: 02 6265 1545
MSPA 437/09
Friday, 18 December 2009
INQUIRY OFFICER REPORT INTO
APRIL 27-28 INCIDENT COMPLETED
Defence has concluded its inquiry into an incident that occurred on 27th and 28th of
April 2009 in which four people were killed and two were wounded in Oruzgan
Province after they were observed digging into the road-side in a number of locations.
It was believed that the Afghans were laying Improvised Explosive Devices (IEDs).
The Chief of Joint Operations, Lieutenant General Mark Evans, directed an Inquiry
Officer to establish the facts relating to this particular operation following claims that
the people killed were farmers doing irrigation work at night.
The Inquiry Officer concluded that on the balance of probabilities, it was very likely
that the people engaged were laying IEDs.
The inquiry found that during the conduct of the pre-approved operation eight
individuals were observed acting suspiciously along a footpad at about 9:30pm on 27
April in a particular area of Oruzgan Province where insurgents are active.
The group was observed for over three hours. The targets were then engaged using
close air support.
Having inquired into the incident and evaluated the evidence for and against the
claims that those killed were farmers, the Inquiry Officer found that the Commanding
Officer was justified in his belief that the people targeted were laying IEDs.
The Inquiry Officer also found that the Commanding Officer took all reasonable steps
to confirm in his own mind that he was targeting insurgents laying IEDs. He received
positive identification of the targets on three occasions prior to authorising the
engagement, which was conducted utilising an appropriately qualified and certified
Joint Terminal Attack Controller (JTAC) to prosecute the mission.
Part of the JTAC’s procedures is to ensure that no civilians are within the danger area
before the target is engaged.
The Inquiry Officer concluded that ADF personnel that night complied with the Rules
of Engagement governing immediate targeting.
Lieutenant General Evans has now closed the inquiry process.
Media contact: Defence Media Liaison: (02) 6127 1999 or 0408 498 664
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