Richard Marles insists ‘secret’ military trial ‘appropriate’ for senior navy figure in Henderson case

The Defence Minister insists a military trial is the “appropriate” way to prosecute a senior navy figure over several charges involving lucrative contracts despite concerns from former officials about a lack of transparency.

This week, The West Australian revealed a recently retired star-ranked officer was facing eight separate charges relating to work carried out at WAS’s Henderson shipyard.

During a visit to Adelaide’s Osborne shipyard Richard Marles was questioned about the revelations and whether the matter should be instead heard before a civilian court and judge.

“It is appropriate, but because this is now in a legal process, there’s not much I can really add to this in a public way. We now let those processes play out,” he said, while unveiling funding for local AUKUS work.

Pressed on whether he was “alarmed” at the accusations revealed by The West Australian, the Defence Minister responded: “I mean, I think we need to let those processes play out”.

“The court martial is a legal process, and so it’s important that play out. I think that should play out without commentary,” Mr Marles said of the case which has rocked the Australian military over the past few days.

A trial period of up to six weeks has been set down for the court martial which is scheduled to begin at a Canberra defence facility in September and be heard before the ADF’s Chief Judge Advocate, Maj-Gen Michael Cowen KC.

Details of the case which sources have described as “complex and significant” have been suppressed by Maj-Gen Cowen until at least September when the court martial begins.

Following a five-day pre-trial hearing at Perth’s HMAS Stirling naval base last month, Maj-Gen Cowen issued a non-publication under the Defence Force Discipline Act preventing the identity of the accused being made public.

“I order … there be no publication of the name or rank of [redacted] or anything tending to identify the accused, other than by referring to the accused as ‘A Star Ranked Officer in the Royal Australian Navy Officer”.

The suppression order protecting the identity of the accused, given the pseudonym “Officer Brown”, will “remain in force until the commencement of the trial unless otherwise ordered to continue”.

Earlier this week, former senior Defence official Michael Shoebridge said the entire process should now be handled by a regular civil court, rather than kept inside the military justice system.

“The alleged offences are probably also offences under civilian law, so the better approach is a standard — open and public — prosecution in a civil court,” he said.

“Instead, this just looks like the Defence leadership and ministers trying to keep this away from the public.”

Sources with knowledge of the matter said arrangements were being made to enable former Defence Department Secretary Greg Moriarty, who now serves as Australian ambassador to the United States, to give evidence from Washington.

Figures familiar with the allegations claim that due to the seniority of the accused ADF member it was initially difficult to find senior officers to take part in the court martial given who were not conflicted.

Those figures have also told The West that the complex case will examine interactions between the former Capability and Sustainment Group inside Defence and several large military companies who completed sustainment at Henderson shipyard.

Earlier this year, The West became aware of representatives from defence industry as well as departmental officials being contacted by military investigators ahead of a formal court martial being launched.

It is understood the activity under investigation occurred during the previous Coalition government and before the Albanese government took power in 2022, but it is unclear why the matter is being handled by a military disciplinary process rather than a civilian court.

On Friday, the Defence Minister was joined by South Australia’s Premier Peter Malinauskasis to announce a further $4.6 billion investment in the Osborne shipyard, which will help deliver the AUKUS nuclear-powered submarine program.