Thursday, August 29, 2019

AFGHAN SGT HEKMATULLAH SENTENCED TO DEATH FOR THE MURDER OF 3 AUSTRALIAN TROOPS


No remorse...Sgt Hekmatullah murdered three Aussie troops as they were relaxing on a remote patrol base in Uruzgan province in late August 2012. Picture: Four CornersSource:Supplied
  

Afghan soldier loses final appeal against death penalty for murdering three Australian troops
AN Afghan soldier who murdered three Australian troops has lost his final appeal against the death penalty.
Jeremy Kelly
News Corp Australia Network October 27, 20144:29pm

AN Afghan soldier who murdered three Australian troops has lost his final appeal against the death penalty.

The fate of the remorseless killer, Sgt Hekmatullah, now rests in the hands of the families of those he killed and the Afghanistan’s recently-elected president.

The secret judgment against Hekmatullah, which the country’s Supreme Court has consistently refused to discuss, was confirmed by diplomatic and prison sources in Kabul and also by the killer himself during a jailhouse interview this month as part of a Four Corners investigation into the incident.

Hekmatullah was convicted and sentenced to death, which in Afghanistan is usually by hanging, of the murders of Lance Corporal ‘Rick’ Milosevic, Sapper James Martin and Private Robbie Poate as they were relaxing on a remote patrol base in Uruzgan province in late August 2012.

Two other Diggers were wounded.

The case has recently been examined in a coronial inquest in Brisbane, the first of its type involving the death of the 41 Australian soldiers killed in Afghanistan.

Evidence was heard about a failure to communicate a heightened risk of insider attacks, in which local forces turn their weapons against foreign mentors, to the slain men’s platoon.
The finding of the inquest will be handed down at a later date.

The killer, Hekmatullah, evaded attempts to be captured after the shooting, fleeing the base and ultimately being secreted by the Taliban across the border to Pakistan. He was arrested in February 2013 and after months of interrogation, during which he said he was blindfolded and could hear English-speaking voices while being tortured, he confessed to the murders.

In December last year, he was sentenced to death, a verdict upheld later in an appeal court.
His final chance of overturning or having the sentence commuted to a lengthy prison term, was refused by the Supreme Court in a hearing some months ago.

He is imprisoned in the high-security wing of Kabul’s Pul-e Charkhi jail, sharing a block with former Australian soldier, Robert Langdon, who was sentenced to 20-years jail for murdering an Afghan colleague while working as a private security guard.

Langdon, like Hekmatullah, had been sentenced to death but under a provision under Afghan law, paid his victim’s family US$100,000 to offer forgiveness, which allowed the Supreme Court to commute the sentence to a prison term.

Hekmatullah has requested the families forgive him but has also vowed to kill again, saying he was inspired to kill after watching a Taliban propaganda video that showed foreign soldiers desecrating the Koran.

Today we remember, Private Robert Poate, Sapper James Martin and Lance Corporal Stjepan Milosevic, all three men were deployed as part of the 3RAR Task Group. On the evening of the 29th of August 2012 at around 9.45pm (local time) at Patrol Base "Wahab" in the Baluchi Valley region in Uruzgan province, a rouge Afghan soldier in the Australian camp collected an assault rifle, took cover and fired about 30 rounds into a group of Australian's who were only about five metres away. Private Robert Poate age 23 from Canberra and Sapper James Martin age 21 from Perth were killed instantly. Lance Corporal Stjepan Milosevic age 40, a father of two from Brisbane died while being evacuated for medical treatment. Two other Australian soldiers were wounded in the "Insider Attack". Private Robert Poate and Sapper James Martin were on their first deployments to Afghanistan. Lance Corporal Stjepan Milosevic, "Milo" to his mates had previously served in Iraq in 2010 was also on his first deployment to Afghanistan. All three men were based at Brisbane's Gallipoli Barracks. Their sacrifice will never be forgotten.
"Lest We Forget"
   
The relatives of Hekmatullah’s victims, however, appear uninterested in any mercy.

“He showed absolutely no mercy to our boys,” Pte Poate’s father, Hugh told Four Corners.

“He killed them in the prime of their lives. They had done nothing to him other than befriend him and he turned around and just killed them in premeditated cold-blooded murder, so I’m rather hoping that the sentence will be carried out.”

All decisions on the enforcement of the death penalty are made by Afghanistan’s president, Ashraf Ghani.

Diplomats in Kabul had believed Mr Ghani is unlikely to order the execution of any of the prisoners on death row but that view has softened in recent weeks.

Mr Ghani, to the surprise and disappointment of many of his western backers, did not intervene after his predecessor, Hamid Karzai, signed off on his last day in office on the execution of five men convicted of gang rape and another, of unrelated kidnapping charges.

All six men were hanged on October 8.

The Enemy Within screens tonight on Four Corners, ABC, 8.30pm.

[PHOTO SOURCE: http://teamuzunovmedia.blogspot.com/2013/09/officer-incompetence-in-afghanistan.html]
  

Disgraced sergeant Hekmatullah shows no remorse for killing of Australian Diggers
Jeremy Kelly in Kabul, News Limited Network
January 12, 2014 5:37pm
 
AN AFGHAN soldier on death row for shooting dead three Australian soldiers is unrepentant, saying he should be rewarded and would do it again if released.

Disgraced sergeant Hekmatullah said he became maniacal after an Afghan colleague on the base he was stationed shared with him a mobile phone clip that showed a report about US soldiers burning Korans in Afghanistan.

"There were some real nasty thoughts that I had in my head," he told News Corp Australia in an interview inside Kabul's Pol-e Charkhi prison.

"I saw that video and went crazy."



It is the first time the 19-year-old has spoken publicly and provides a rare insight into the motives of an Afghan security forces member who has turned their gun against a foreign mentor.

Asked what we would like to say to the families of the soldiers he killed, Hekmatullah shrugged nonchalantly before he said: "I want them to forgive me so then I will be released."

When told that appeared unlikely, he replied: "Then don't forgive me. I would do it again if they burned more Korans."
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At least 140 Coalition troops, including seven Australians, have been killed in 85 so-called insider attacks, according to the Long War Journal, yet the perpetrators either are killed on the spot or trying to evade capture, or have successfully fled.

Hekmatullah is one of only two known offenders who it is publicly known has been caught and brought before the courts.

News_Image_File: Tragic loss ... Private Robert Poate was gunned down with his fellow Diggers while they were relaxing in a makeshift recreational area at Patrol Base Wahab in Oruzgan province.Extradited to Kabul in October, after spending about six months on the run in the Pakistan city of Quetta and a further eight months in the custody of that country's spy agency, Hekmatullah was sentenced to death in December during a secret court hearing.

He admitted to murdering Lance Corporal Stjepan (Rick) Milosevic, 40, Sapper James Martin, 21, and Private Robert Poate, 23 and was convicted also of grievous bodily harm to two other Australians, treason and involvement with a terrorist organisation.


The Australians were shot while they were relaxing or playing cards in a makeshift recreational area at Patrol Base Wahab, in Oruzgan province on the evening of August 29, 2012.

Hekmatullah in uniform and armed. Picture: Supplied Source:Supplied
  

Hekmatullah's motive had remained unclear since the incident and remains in dispute with Afghan investigators believing he had previous ties to the Taliban.

"We have a document that shows he was with the Taliban before this happened," said Brigadier-General Sayed Kamal Hashimi, head of prosecutions for the Afghan spy agency, the National Directorate of Security. He refused to provide details.

Handcuffed and sporting a patchy yet thick beard, in contrast to previous photos of him, Hekmatullah denied he was a Taliban infiltrator and spoke calmly about his short time in the Afghan army and his view on the foreign military presence.

"I had no problem with the Australians. I could have attacked them many times before. They came here to build schools and finish the Taliban but instead they burned Korans."

He was referring to a calamitous incident in February 2012, six months before the shooting, in which US troops started to torch more than 1600 religious texts, including an unknown number of Korans, after they were confiscated from inmates at the then US-run Bagram prison, north of Kabul.

The texts had been marked by inmates with extremist inscriptions but were mistakenly later sent to an incinerator on the base.

The incident led to five days of rioting in Afghanistan, in which dozens of people were killed and hundreds wounded.

When a fellow Afghan soldier gave him via Bluetooth a Taliban propaganda clip, which referenced both the Koran-burning incident and European newspapers publishing cartoons of the Prophet Mohammed, he said he started to plot what he called revenge.

"I watched this movie at 3pm. My guard duty was at 9pm and I decided to wait until after then. At first I went to a guard tower and asked the soldier there to give me his machine gun because I said I wanted to shoot the foreigners. He refused so I went down and used my M-16."

He fired two bursts of between 10-15 rounds each before fleeing the base into an area of thick vegetation.

"I ran and ran through the jungle until the helicopters came (about 30 minutes later) but thought they will see me if I keep moving.

"I decided to climb a mulberry tree and stayed there through the night."

In the morning, he said he spotted a farmer and approached him explaining he was an ANA soldier who had shot some foreign troops.

"The farmer told me to wait and soon he returned with two men who said they were Taliban. They gave the farmer 15,000 Pakistani rupees ($160) and we left."

The men ferried him by motorbike to another village where he said he was later put in a 4x4 pick-up, secreted under the cabin's rear seat and was told he was being driven to Kandahar.
"We were stopped on the way at a checkpoint and I could hear people speaking in English. I was told later the foreigners were stopping cars and using their computers to check people's fingerprints."

The trio drove several hours to Kandahar where they stopped for tea before they switched vehicles and drove over the Pakistani border.

He said he was then taken to Quetta, where he said he got a job as a house-hand, earning about $75 a month, before Pakistani spies swooped about six months later.

"I think they caught me because I was using my phone to call my relatives," he said.

Taken to court, a defiant Hekmatullah told the judge: "We are Muslim and it's our duty to protect the Koran. If you were a Muslim, you would give me a prize not a penalty."

He said he asked the judge to release him so he could re-join the Afghan National Army.
Instead, the judge sentenced him to death.

Appearing at times uninterested in his plight, Hekmatullah said he was willing to die in defence of his religion.

"If I die on the way to Allah, then so be it. If someone wants me to hang, then I will hang."

His case will now go to an appeal court before it is finalised by the Supreme Court in a process that usually takes months.

Any execution has to be personally approved by the Afghan President.

Imprisoned...Afghanistan's infamous Pul-e Charkhi Prison where Hekmatullah is being kept. Picture: Getty.Source:Getty Images
  

"The Australian Government as a matter of policy is opposed to the death penalty and makes its views known to foreign governments, including the Afghanistan government, on a regular basis," said a Defence spokesperson.

"However it is important to note, Hekmatullah is an Afghan citizen being tried by Afghan authorities under Afghan law."

According to the spokesperson, victim impact statements from the families of the murdered Australian soldiers were provided to the Afghan authority to support the prosecution of charges against Hekmatullah.

But Defence were unaware of any requests of forgiveness made to the families.
Additional reporting: Bakhshi Bakhshi

Death....Nooses hang at Pul-e-Charkhi prison, a fate that Hekmatullah could face. Picture: AFP/Wakil KohsarSource:AFP
   
God takes no pleasure in the death of sinners, so as to delight simply in their death; rather, he delights to magnify his justice by inflicting the punishment which their iniquities have deserved. A righteous judge who takes no pleasure in condemning a criminal, may yet justly command him to be executed so that law and justice may be satisfied, even though it is in his power to procure him a reprieve. – George Whitefield, Letter to Wesley, Bethesda in Georgia, Dec. 24, 1740
  
 

OTHER LINKS:
Families want death penalty to be carried out for Diggers’ assassin


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