Chief of Defence Force to appeal Federal Court win

In early December, I won an important case in the Federal Court against the Chief of Defence Force. In a nutshell, the most senior military officer in Australia tried to sack me for my personal political views. And the Federal Court ruled that this was unconstitutional.

In the last few days, the Chief of Defence Force has launched an appeal against this decision. That is his right. And now I will defend freedom of speech in Australia. Again.

And I hope to win. Again.

However, it is most disappointing that so many Australian men and women have given their lives in the service of the Australian Defence Force to protect freedom in this nation and now this organisation is going back to court to try and limit it, even after it has already been found to have unlawfully restricted freedom of political communication.

Let’s be clear what this case is about.

It is about whether the Australian Defence Force (and, by extension, any other large government department or business) can engage in official political activity one hand, while trying to limit the right of individuals to express private political opinions on the other.

For the sake of Australia and all Australians, I hope that the large guys with all the money don’t win. I’ll certainly do my best to ensure that they don’t.

Let’s recap the political activity already underway in the Australian Defence Force.

It should come as no surprise that a military prepared to engage in political activity will also exercise its muscles to shut down those who hold different political opinions.

And that is exactly what has happened, and it is what this case is all about.

In one sense, my private political views are irrelevant. The media and the political establishment should be up in arms about unacceptable military interference in domestic politics. But they aren’t. The only party in Australia prepared to stand up to the hierarchy of the Australian Defence Force is the Australian Liberty Alliance.

The good news is that the Australian Liberty Alliance has already forced the military back into its box. I write about that here.

However, while my political views should be irrelevant, this case should also be of immediate concern especially to Australians who hold conservative political views. That is because it is precisely these views that the Australian Defence Force has in the firing line. In fact, this appeal is not really the Chief of Defence Force v Bernard Gaynor. It should more appropriately be titled Chief of Defence Force v Conservative Australia.

If we cannot successfully defend our previous win in the Federal Court, it will set a dangerous precedent. Australians who support extant laws on marriage, or who are concerned about the encroachment of Islam in this country will find that they can only serve in the military if they keep their mouths shut, or, even worse, they may well find themselves required to support political activity supporting LGBTI groups or the Grand Mufti.

And let’s finally recap what kind of measures the military is prepared to take to silence opposition to its official political activity. This is what I endured before my appointment as an officer was unlawfully terminated:

  • I was told that my lawful, private views were unacceptable, offensive and not to be repeated, even though they were not expressed in the workplace and had nothing to do with the military.
  • I was told that the former Chief of Army, David Morrison, had taken an ‘interest’ in the manner in which I raise and educate my children.
  • The Australian Defence Force publicly criticised my statements about who I would allow to educate my children.
  • I was forbidden from participating in the workplace.
  • I was told that Defence policy now allowed vilification of Christianity but not Islam.
  • I was told that Defence policy now supported homosexual political activities and agendas.
  • I was told that Defence policy required absolute tolerance, but that it absolutely did not tolerate me.
  • The current Chief of Army wrote to me to endorse the idea that homosexuals should have more say about who educates my children than my wife and I.
  • My commanding officer informed my chain of command that I was ‘unavailable’ for service, even though I was willing to work.
  • My complaints about breaches of Defence policies were dismissed without formal investigation.
  • The former speech-writer to the former Chief of Army and transgender officer, Group Captain Cate McGregor, was given the opportunity, in uniform, to criticise me publicly. The Australian Defence Force and the ABC never provided me with an opportunity to respond.
  • Group Captain Cate McGregor publicly abused Catholics, Catholic beliefs, my family and me on social media statements that were sent to the former Chief of Defence Force. This officer was later promoted, even though it was also found that these statements constituted unacceptable behaviour. Group Captain McGregor was then praised by the ABC as a ‘victim’ of bullying.
  • The Australian Defence Force liaised with the chairman of a homosexual lobby group in relation to media statements about me.
  • This person also lobbied the Australian Defence Force to take administrative or disciplinary action against me.
  • I was refused permission to receive my Defence Long Service Medal at my unit and it was posted to me in the mail.
  • My commanding officer refused to provide me with any annual performance report, as required by policy.
  • My commanding officer refused to pay me for time I spent responding to administrative action taken against me.
  • I was subjected to 12 military charges and issued a notice to show cause on the basis that I would be found guilty. All charges failed and were dismissed.
  • I was subjected to unacceptable behaviour complaints by high-profile homosexual and transgender officers that were also used as the basis to launch administrative action to terminate my appointment. It was later found that I had no case to answer.
  • Almost every officer between my commanding officer and the former Chief of Army are on the record as stating that I would be found guilty of breaching policy in disciplinary and administrative investigations. They were all wrong.
  • When the former Chief of Defence Force realised that I had not been found guilty of breaching any policies or orders he decided that he would no longer place any weight on whether or not I had ‘technically’ breached them, but stated that he would instead make a decision to terminate my appointment on his own opinion that I had breached policies and orders.
  • And even though every administrative and disciplinary investigation thrown at me by the chain of command was found to be unsubstantiated and without basis, my appointment as an officer was still terminated by the former Chief of Defence Force and now Governor of New South Wales, David Hurley. He did this on his last day in office. A few days later he gave a speech on ‘moral courage’.
  • In the lead up to his decision, the former Chief of Defence Force also wrote to me that the expression of my religious and political beliefs, even as a civilian, undermined confidence in my ability to serve this nation.

All of this occurred, even though the former Chief of Defence Force also acknowledged that I had provided a high standard of service to the Australian Army, including on operations. All of this occurred because the former Chief of Defence Force and the hierarchy began supporting certain political agendas and did not like the criticism that followed. And it continues now because the current Chief of Defence Force wants to ensure that it can occur legally again in the future. Against someone else.

I would like to thank all of you have supported, encouraged and assisted me during the last three years and the previous court case. I could not have continued without you support.

We now have to go back into battle again. I can promise you that I am once again ready for the fight.

Author: Bernard Gaynor

Bernard Gaynor is a married father of nine children. He has a background in military intelligence, Arabic language and culture and is an outspoken advocate of conservative and family values.

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  1. It may be time to follow Stalins example and purge the ADF by sacking a large number of our political Generals. Are there plans to establish a Gay Politruk Officer in every unit?
    (Just joking about the Political Officer)

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  2. The list of political activities listed here reads like a Loony Toon. It reads like Tweety’s recitation of what dat bad, bad puddy tat, Sylvester (and dose bad, ebil haters) will do if Nanny Oz does not take immediate action.

    I am willing to bet there are a lot of ADF officers who are justifiably proud of the ANZAC traditions of the ADF and they hate the whole list of Nanny Oz rulz that have been imposed by the political correctoids (and their Handlers) in Canberra. They don’t want to wear pink camo, they don’t want to be fined for addressing someone by the incorrect gender and they don’t want to be disciplined for “blaspheming Islam” (that would be fair criticism of Sharia law in another context).

    I’ll bet you anything the majority of ADF officers think that Muslims in Australia are entitled to fresh air, clean water and fair criticism and Australia should not change our laws to accomodate Islamic law – halal (torture)/slaughter, honour killings, criminalisation of blasphemy, lots of rulz and regs for women, honour killings, public beheadings for infidels and all the rest of it.

    It sounds like the Legion has already crossed this Rubicon and like Caesar of old will now have to deal with the Plebs.

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  3. Although I do not agree with your position on homosexuality as frankly it is in essence no different than the Islamic construct and has the affect whether you realize it or not in my view of keeping women in their ‘place’:

    YES EQUALITY FOR ALL – But understand Ireland why you have had to vote at all and the reason you have still remains in the Public Square – Slovenia revokes gay marriage law

    The Australian military stance on the Islamic/Muslim culture is very dangerous for our Western Democratic culture. Clearly other armed forces such as Pakistan and Nigerian military have found Muslims even at officer level have been recruited by Muslim extremists groups – how is it the Australian military and security systems believe they are immune.

    No culture has a right to visit terror-genocide against another culture be it perpetrated by the ‘few’, cultural altruistic enforcers-punishers utilising a cultures alignment/conversion/elimination methodology, sourced from the law-abiding ‘many’ or the ‘few’ in time as elsewhere becoming the ‘many’

    ‘Words are dangerous weapons’: New South Wales (Aust) Attorney-General Gabrielle Upton.

    “David Irvine, has made similar remarks. AFP Commissioner Andrew Colvin recently did too, warning that “words matter’’”
    Source: ASIO chief’s call to Andrew Hastie has consequences for Malcolm Turnbull, Samantha Maiden, Sunday Herald Sun, December 20, 2015

    “..our system of beliefs is shaped through and expressed by words. We are consciously and unconsciously conditioned and controlled by the words we hear and use. Words carry ideology and convey and create meaning.”- HOW WORDS CREATE REALITY, ANN SINSHEIMER

    “Without the ceaseless pulsating heartbeat of our “categorization engine, we would understand nothing around us, could not reason in any form whatever, could not communicate to anyone else, and would have no basis on which to take any action.
    “every culture constantly, although tacitly, reinforces the impression that words are simply automatic labels that come naturally to mind and that belong intrinsically to things and entities”

    “Culture, of course, is related to violence in general and not only to structural violence. For example, culture influences the determination of “thresholds” which pressure on a person must overcome in order to move that person from being controllable, or even positive, to being negative (that is, into violence).” The Culture of Violence, On the relationship between violence and culture – Galtung’s concept

    “The use of force and violence is more commonplace and prevalent in some families, communities, religions, cultural/ethnic groups and societies based on the views and values about adult prerogatives with children. They may also be based upon the sociopathy of the perpetrators.”
    Treatment of Complex Trauma Courtois/Ford @2016

    “…children raised in religious households, who are perceived to be more empathetic and sensitive to justice, are in fact less altruistic to their own class mates .. children from religious households also differ in their ratings of deserved punishment for interpersonal harm (F(2, 847) = 5.80, p < 0.01, h2 = 0.014); this was qualified by significantly harsher ratings of punishment by children from Muslim households than children from non-religious households (p < 0.01). There were no significant differences between children from Christian households and non-religious households.”
    The Negative Association between Religiousness and Children’s Altruism across the World, November 05, 2015

    “Although religious hostilities affect countries throughout the world experience, Muslim-majority countries consistently have higher levels of a range of religious hostilities than other countries and by wide margins. For instance, Muslim-majority countries are more than three times more likely than other countries to have religion-related war, terror or sectarian violence"
    09/22/2014 Source data PEW Research Center – Commentary Weekly Number Brian J. Grim, Ph.D.

    "They shot hundreds of bullets into him, shouting, 'God is great!'" she said. "At that point, I lost my trust in their god and began to question all our teachings. It was the turning point of my life, and it has led me to this present point. I had to leave. I had to look for another god."
    ….. "Why does a young Muslim man, in the prime of life, with a full life ahead, go and blow himself up?" she asked. "In our countries, religion is the sole source of education and is the only spring from which that terrorist drank until his thirst was quenched.""
    For Muslim Who Says Violence Destroys Islam, Violent Threats By JOHN M. BRODER The New York Times, March 11, 2006

    "…I think it’s blasphemous to the extent that I can comment on someone else’s religion." Director General of ASIO, Duncan Lewis
    Terror alert: Australia’s top spy chief warns rift with Muslims could weaken national security December 13, 2015 Samantha Maiden, National Political Editor, The Sunday Telegraph

    “Many innocent persons have been falsely accused under these laws and the number is still on the rise. Victims are severely manhandled and even murdered by mobs and individuals; their families go in hiding. They have to leave their home or even their homeland and their dear ones accept exile to save their lives. Their worship places, houses and localities are attacked, burned and destroyed. Those accused have to undergo fierce media trial. Throughout the process of arrest, investigation and trial anyone showing sympathy with the accused is liable to harassment and allegations being made against them of acting in a non-Islamic way. Police are pressurised and blackmailed. Judges are threatened, harassed and have even been killed. Even if the accused is acquitted, they are still hunted and killed by extremists. There are still many in the jails waiting for fair trial."

    1 – The articles of this constitution are characterised by the fact that they are exclusively and purely Islamic opinions and thoughts. They contain nothing whatsoever that is non Islamic, nor are they influenced by anything that is non-Islamic. They are rather Islamic in every sense and nothing else, and they are based upon nothing but the foundations and texts of Islam.
    Islamic Party of Australia Hizb-ut Tahrir Draft Islamic Constitution of Australia

    Professor Dağı: There is nothing left of ‘Turkish democracy’ Sunday's Zaman October 31, 2015, Saturday AYDOĞAN VATANDAŞ

    “The sharia law comes after Aceh's government said several Christian churches would be shut down, just days after a mob burned down a church earlier this month, killing one person and injuring several others."
    Indonesia's Aceh province enacts Islamic criminal code smh October 24, 2015

    Acid is often used to attack women who transgress some imaginary line, from spurning romantic advances to wearing a veil too loosely. Women's Rights News 23/07/2015

    "Communities (cultures) tend to be guided less than individuals by conscience and a sense of responsibility. How much misery does this fact cause mankind! It is the source of wars and every kind of oppression, which fill the earth with pain, sighs and bitterness." Albert Einstein, 1934

    Why is it we must suffer the “source of wars and every kind of oppression”? Just one child?

    The 'good' stand on each new pile of Islam derived broken bodies sinking into an ocean of unfathomable grief shrieking across at those who demand it stop "Bigots, xenophobes, hateful ignorance, hysteria, trolls, Islamophobe, words, blasphemy, LOVE!” The supporters of the Islamic/Muslim culture and the adherents themselves of a culture which can be clearly proven to be systemically producing these bloody piles of lost dreams, aspirations since the seventh century have the temerity to accuse those objecting as evil – it beggars belief.

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  4. What a woeful litany of injustice and deviousness this is! The Australian Defence Force personnel involved in this should hang their heads in shame just reading one of these! It seems to me that Bernard Gaynor has a water tight case for compensation from the ADF and that he should immediately, through his solicitors, apply for it!

    How any decent and true blue Aussie could be put through this and be expected to remain silent and uncompensated is beyond me. If these disgusting tactics were used against any one of these bullies, they would be squeaking all the way to the Anti-Discrimination Tribunal – blowing into their tissues and crying out “boo-hoo – poor me”! But not this lion of a man! Take note, all you cowardly bullies and appeasers of the unjust – there are armies behind this man who will stand and support him to the end. Be aware and be warned – your tricks are totally transparent and have now been exposed for the world to see. Shame on you all! The deepest shame!

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  5. What about that woman naval captain who is Muslim! Wearing a veil. Who is she going to support when the chips are down? Allah, that’s who, certainly not Australia. She should never have been allowed in the armed forces at all. Is she there solely to collect information for Islam? Surely this is what’s called “cionflict oif interest”!

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  6. The Enemy, not now merely at the Gate, but within.

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  7. This is so wrong, the people that should be protecting us (defence force) are cowards being ridden over by Muslims and other minorities. And they set their sights on Bernard and the ALA, Bernard and the ALA (of which I am a proud member) will not back down but will fight for Australia’s future.

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  8. I served at 2 RAR when he was the CO the man was & is a ladder climbing idiot he sent the whole battalion over a goat trail because he & his family walked it on holidays, it took 28 hours for the last man to arrive then deploy as it was a brigade ex. I would like to help you in any way I can I am on a DVA pension.

    Thank you

    Will D

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  9. I myself was threatened with dismissal from the Army because I dared to question an officer of a foreign Army who was over here basically spewing bullshit.
    Fortunate I challenged the threat and a certain Major General did a serious of backflips and duck-shoving and nothing came of it.
    It DOES however highlight the despicable and dishonourable conduct of senior personnel within the ADF.

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