DEFENCE VC REPORT FLAWED AND SHOULD BE SET ASIDE
‘FIGHT ON’ FOR TEDDY SHEEAN VC
The Defence Tribunal Report into a possible Victoria Cross for 13 Australian men was flawed, should be set aside and the fight should go on for appropriate recognition, especially for ordinary seaman Teddy Sheean.
Former Tasmanian Senator Guy Barnett who was instrumental in the establishment of the Defence Honours and Awards Appeals Tribunal inquiry into unresolved recognition for past acts of naval and military gallantry and valour in April 2011 said the Tribunal followed their own “Guidelines” rather than the Terms of Reference given by the Government.
“Nobody would be granted a VC or any other award under these self-imposed guidelines. The Terms of Reference were disregarded because the Tribunal had a pre-determined outcome. They wanted no change.
“These so-called guidelines have sadly coloured the entire report meaning that compelling evidence and arguments for a VC or even an upgrade to the original award have been dismissed altogether.
“Following careful review of the Report (454 pages) it is clear the Inquiry was predetermined, and a whitewash bordering on a charade.
“Rather than determining if the 13 Australians under consideration for a Victoria Cross or another bravery award were deserving, the Tribunal imposed a higher burden of proof including maladministration in the original nomination process. Why should there be a requirement to prove the nomination process was done illegally or there was maladministration? This is patently wrong, he said.
“The Government should set aside the report and ensure these 13 courageous Australians are considered on their merits. The fight must go on.
The Tribunal’s self-imposed “Guidelines” (p5 and chapter 8.48) state:
If due process had been followed, if there was no maladministration, and if there is no new evidence, then the original decision should remain unchanged.
There are holes in this report.
Ordinary Seaman Teddy Sheean
The Tribunal also got it wrong when it came to ordinary seaman Teddy Sheean. The Tribunal stated ‘Sheean’s actions displayed conspicuous gallantry but did not reach the particularly high standard required for recommendation for a VC.’ This is an incredulous statement in light of the facts and when comparing Teddy Sheean’s acts of bravery with those of other VC recipients. This statement is insulting to the family of Teddy Sheean and should be expunged from the report. The Tribunal have concluded his ‘conspicuous bravery’ was not brave enough.
The Tribunal also stated regarding the Sheean nomination process ‘ …there was not sufficient evidence that there was a manifest injustice…’ Well how much evidence was there of ‘manifest injustice’?
The Tribunal has not taken into account some of the key arguments in support of a VC for Teddy Sheean, being:
• The views of key independent witnesses to the bravery of Teddy Sheean have not been adequately taken into account. At least four eye witnesses spoke of Teddy Sheean’s gallantry.
• Sheean’s nomination was considered by the British Admiralty and his actions were strikingly similar to that of British Leading Seaman Jack Mantle who was awarded a VC.
• The recommendation for an award by Captain Richards was inadequate as he did not interview survivors who witnessed Sheean’s actions and for other reasons.
• The Government and the Navy wanted a cover-up as further exposure of Japanese success may have caused panic in the southern states of Australia.
“If the Tribunal agreed Sheean displayed ‘conspicuous gallantry’ why did they not, at the very least, award the Star of Gallantry?
“I would be surprised if the Tribunal Report was tabled in Cabinet. Because if it was, the Government should have noticed that the Tribunal followed their self –imposed Guidelines rather than the Terms of Reference.
“Simply, the Tribunal’s mind was made up from the beginning that no VC or upgrade award would be granted to protect the ‘integrity’ of the Awards system. This is not good enough.
“Why did the Government establish the inquiry process in the first place, at my urging, if they were not willing to accept these possible outcomes?” Mr Barnett concluded.
Fight On
The Sheean family friends and supporters are committed to fight on.
“We will be writing to the Prime Minister asking that the Report be set aside and asking that they ensure the 13 brave Australians nominated are reviewed on their merits. We will be asking for special attention be given to Teddy Sheean as we believe and know he deserves a VC, said Mr Garry Ivory.
“We will also be writing to the Opposition Leader Tony Abbott asking that if in government they also set it aside and ensure a proper review.
“Andrew Nikolic, retired Brigadier and liberal candidate for Bass, has been a tireless supporter for this campaign to recognise Teddy Sheean. Together with Guy Barnett their support is really appreciated.
“We will not give up. We will fight on.” Mr Ivory concluded.
Ordinary Seaman Teddy Sheean- a selfless act
Ordinary Seaman Teddy Sheean was born in Lower Barrington, Tasmania on 28 December 1923. His family soon moved to Latrobe and he was educated at the local Catholic school and worked as a farm labourer until he enlisted in the Royal Australian Naval Reserve at 17 years. In June 1942 he was posted to the HMAS Armidale as an Oerlikon anti-aircraft gun loader.
The Japanese were moving south ferocious and fast and on 1 December 1942 the Armidale, then in the Timor sea just north of Australia, came under repeated attack by at least 13 Japanese aircraft. By 3.15pm the Armidale had been struck by two aerial torpedoes and began to sink, an event that would take less than 5 minutes. Lieutenant Commander David Richards ordered the ship to be abandoned. Out of the 149 on board, only 49 would be rescued from the water.
As the ship was sinking, and the survivors in the water tried to board life-rafts, the Japanese aircraft continued to strafe the men in the water. Ordinary Seaman Sheean possibly already wounded, and seeing his mates in distress and being shot at, returned to his Oerlikon gun, strapped himself in, and began firing at the Japanese aircraft and attracting enemy fire. He reportedly shot down at least one Japanese Zero in his efforts. Witnesses report that tracer fire could still be seen leaving the gun after she sunk below the waves. Sheean would have known his fate when he returned to his gun but in an act of conspicuous bravery offered up his life for his mates and his country. He was not yet 19 years. (There is a well-known painting at the Australian War Memorial which commemorates this incident and a submarine named in his honour.)
Guy Barnett
