Statement by Director-General Chris Moraitis PSM – update on the work of the OSI and retirement of the Hon Mark Weinberg AC KC

The Hon Mark Weinberg AC KC will retire as the Special Investigator at the end of 2025. As a former judge of the Federal Court and Victorian Court of Appeal, as well as a former Commonwealth Director of Public Prosecutions and Dean of the Faculty of Law at Melbourne University, Mr Weinberg’s extensive experience has been invaluable in guiding the challenging work of the OSI since its inception. Given the advanced stage of investigations, the OSI will conclude its operations with its existing experienced staff, including the Counsel who have worked very closely with Mr Weinberg in providing advice to the investigations.

Operation Emerald has, in total, commenced 53 investigations involving allegations of war crimes by Australian Defence Force members in Afghanistan. Thirty-eight of these matters are no longer under active investigation, subject to any new evidence emerging. These matters have been comprehensively investigated, and sufficient evidence of a war crime does not exist to support the referral of a brief of evidence to the Commonwealth Director of Public Prosecutions. A further 14 investigations are ongoing.

The OSI is inextricably linked with the AFP under a joint investigation model. The Sensitive Investigations Oversight Board, chaired by the AFP Deputy Commissioner, National Security, considers and endorses significant investigation activities, specific to Operation Emerald.

One investigation has resulted in a former Australian Special Forces solider being charged with one count of war crime – murder. This matter has been listed for trial on 8 February 2027 in the NSW Supreme Court before the Hon Justice Hamill.

The OSI and AFP are working to complete the remaining investigations as expeditiously as possible, cognisant of the welfare of those involved and the impact on the broader Defence community.