On 20 May 2011, the Chief Judge Advocate handed down his ruling during the pre-trial directions hearing in the general court martial of Sergeant J and Lance Corporal D.
An adjournment was granted to allow time for the parties to consider the ruling and to determine whether they wished to challenge it.
The Director of Military Prosecutions has advised that she will not seek a review of the ruling.
The charges have now been referred back to the Director of Military Prosecutions and she has decided not to pursue any further prosecution of these soldiers in this matter.
The Director of Military Prosecutions has informed the soldiers of her decision.
The ruling of the Chief Judge Advocate in this matter only affects this trial.
No further public comment will be made by the Director of Military Prosecutions in relation to these proceedings.
Issued by Ministerial and Executive Coordination and Communication,
Department of Defence,
Canberra, ACT
Phone: 02 6127 1999 Fax: 02 6265 6946
