- Jacob Kovco
Jacob (Jake) Bruce Kovco (born
25 September 1980, Melbourne; died 21 April 2006, Baghdad) was a Private (PTE) in the Australian Armywho died while deployed in Iraq, fatally wounded by a single shot to the head from his own Browning 9mm sidearm. PTE Kovco was the first Australian soldier to die while deployed to the Middle Eastern Area of Operations (MEAO). A military inquiry found that Kovco accidentally shot himself while mishandling his pistol, a conclusion which was disputed by his family. On April 2 2008, a further Coronial inquest returned a similar verdict, finding that Kovco's death was "irresponsibly self-inflicted", and that he had pulled the trigger on his weapon "disregarding possible consequences of danger". [ [http://www.theage.com.au/news/national/selfinflicted-kovco-jury/2008/04/02/1206850974381.html Kovco irresponsibly shot himself, jury finds - National - theage.com.au ] ]
Pte Kovco grew up in
Briagolongand completed the Victoria Certificate of Education at Maffra Secondary Collegein 1998. Prior to enlisting in the army, Kovco worked in a knackeryprocessing dead livestock. He was a keen mountain bikerider and also raced motorcycles. [Chantal Rumble and Brendan Nicholson, [http://www.theage.com.au/news/national/death-of-a-dream/2006/04/23/1145730811677.html "Mates remember the boy who grew up to be a soldier"] , " The Age", 24 April 2006]
Kovco enlisted in the Australian Regular Army in March 2002 and was posted to the School of Infantry, Singleton, in May 2002. After completing his Initial Employment Training as a rifleman, he served in the 3rd Battalion of the
Royal Australian Regiment(3RAR), Australia's airborne battalion (the only other Royal Australian Infantry Corps battalion cleared for airborne operations is 4th Battalion (Commando)). After posted to 3RAR, he was trained as a heavy weapons operator before training to become a sniper. [ [http://www.smh.com.au/news/national/dead-digger-was-elite-sniper/2006/04/23/1145730796376.html "Dead digger was elite sniper"] , " Sydney Morning Herald", 23 April 2006]
PTE Kovco was deployed to Iraq as part of an ongoing 110-person Security Detachment Iraq protecting Australian officials at the embassy in Baghdad.
PTE Kovco died from a single bullet wound to the head. The incident occurred in the accommodation barracks he shared with two other soldiers, shortly after he returned from an observation duty. Kovco was moved to a nearby US military hospital immediately after the incident but was announced dead on arrival.
It was initially reported by Australian Defence Minister
Brendan Nelson[Linda Souter, [http://townsvillebulletin.news.com.au/common/story_page/0,7034,18907028%255E14787,00.html "Military probes soldier's death"] , " Townsville Bulletin", 24 April 2006] that PTE Kovco had shot himself accidentally while cleaning his weapon, a Browning Hi-PowerMk. III pistol. This story was later changed [ [http://www.theadvertiser.news.com.au/common/story_page/0,5936,18944401%255E421,00.html "Kovco wasn't cleaning gun: Nelson"] , " Adelaide Advertiser", 27 April 2006] to suggest the pistol discharged spontaneously. These explanations conflict with standard weapons handling procedures for ADF personnel on deployment, which require all weapons to be unloaded upon entering the perimeter of a fortified barracks such as PTE Kovco's. The possibility of the pistol discharging by itself was discredited by the former head of Australia's military, General Peter Cosgrove, when asked on radio whether he had seen a pistol such as Private Kovco's self-discharge during his 40 years of military service, he replied, "Weapons tend not to self-detonate."Fact|date=February 2007 [Cynthia Banham and Tom Allard, [http://www.smh.com.au/news/national/mystery-of-private-kovcos-pistol/2006/04/27/1145861490035.html "Mystery of Private Kovco's pistol"] , " Sydney Morning Herald", 27 April 2006]
In the days after PTE Kovcos death Australian Defence Minister
Brendan Nelsonspoke widely to the media, making a variety of claims, including:
[H]e might not have been actually handling the weapon but it was very close to him," [Alexandra Kirk, [http://www.abc.net.au/worldtoday/content/2006/s1626203.htm "PM assures Kovco family no cover-up in place"] , " The World Today", 28 April 2006] "There was obviously a live round in it, which there should not have been," [ [http://www.abc.net.au/news/newsitems/200604/s1624901.htm "Defence to investigate body bungle"] , " ABC News Online", 27 April 2006] "He was doing something other than handling his firearm and in the process of fiddling about with the other equipment he had, it would appear that in some way he knocked the gun and it discharged," [ [http://news.bbc.co.uk/1/hi/world/asia-pacific/4949550.stm "Australian sent wrong Iraq body"] , 27 April 2006] and "There is no suggestion it was anything other than an accident." [ [http://www.theage.com.au/news/national/confusion-adds-to-grief-and-pain/2006/04/27/1145861473215.html "Confusion adds to grief and pain"] , " The Age", 27 April 2006]
In a Media Release of
29 April, Defence Minister Dr. Brendan Nelson asked for speculation on the death to cease, stating "I think what's most important now is that Australians appreciate that speculation, much of which is wild and ill-informed, is as unhelpful to getting to the bottom of the death of PTE Kovco as it is hurtful to the family." [ [http://www.defence.gov.au/minister/NelsonMintpl.cfm?CurrentId=5593 "PRIVATE JAKE KOVCO"] , "The Hon. Dr Brendan Nelson,Minister for Defence", Media Release 29 April 2006]
Chief of Defence Force (CDF)
Air Chief Marshal Angus Houstonmade a statement that two other soldiers (PTE Kovcos roommates) were in the room with PTE Kovco but "it appeared that neither of them was looking at PTE Kovco when the weapon discharged. Essentially when they looked up he had clearly been shot," he said. [ [http://news.ninemsn.com.au/article.aspx?id=97565 "Houston appoints Kovco inquiry chief"] , NineMSN, 27 April 2006]
Suggestions of suicide were vehemently rejected by PTE Kovco's mother, who suggested that senior military officials knew what happened to her son but refused to tell the truth. [James Cogan, [http://www.wsws.org/articles/2006/apr2006/kovo-a29.shtml "Lies surround first death of an Australian soldier in Iraq"] , "
World Socialist Web Site", 29 April 2006] Although the ADF refused to respond officially pending inquiries, a "senior military source" made a statement that PTE Kovco was "emailing when the gun fired", and that it appeared that the computer had slipped off his lap and landed on the pistol, causing it to discharge. [ [http://www.theage.com.au/articles/2006/04/28/1146198348969.html "Kovco was emailing when gun fired"] , " The Age", 29 April 2006]
PTE Kovco was originally scheduled to be returned to Australia on Wednesday,
26 April, but his body was apparently misplaced during attempts to repatriate it to Melbourne, and the body of 47 year old Bosnian civilian contractor Juso Sinanovic was sent to Australia in its place — a mistake Brendan Nelson has blamed on a mortuary attached to the Al-SabahGeneral Hospital in Kuwaitand the private contractor Kenyon International. [ [http://www.theage.com.au/news/national/contractor-cant-explain-mixup/2006/04/27/1145861469125.html "Contractor can't explain mix-up"] , " The Age", 27 April 2006] Kenyon International — which is owned by the company accused of desecration of graves in 1999, Service Corporation International— denied responsibility, saying "It should be noted that during the formal process Kenyon is not responsible for the role of identifying the body of the deceased." [Dylan Welch, [http://www.smh.com.au/news/national/kovco-blunder-firm-owned-by-funeralgate-company/2006/04/27/1145861478720.html "Kovco blunder firm owned by 'funeralgate' company"] , " Sydney Morning Herald", 27 April 2006] Warrant Officer Tim Cuming, Kovco's company sergeant major in Iraq, accompanied Kovco's body back to Australia. Warrant Officer Cuming has claimed privilege against self-incrimination during the coronial inquest into Kovco's fatal shooting, against allegations that he intimidated military witnesses prior to the military inquiry. [Dan Box, [http://www.theaustralian.news.com.au/story/0,25197,23366058-31477,00.html "Officer 'intimidated' Kovco witnesses"] ]
Sinanovic's death was investigated by Victorian coroner Graeme Johnstone, and his body was returned to Kuwait and the care of his former employers
Kellogg, Brown and Rooton 11 May. During this time his family were not contacted by Australian authorities. [Michael Davis and Peter Wilson, [http://www.theaustralian.news.com.au/story/0,20867,19107781-2702,00.html "Bosnian's body goes home at last"] , 12 May 2006] Continued delays in repatriating Sinanovic's body to his home village just outside Tuzlaled to the involvement on 17 Mayof John Howard, who undertook to "see if there is anything we can do". [ [http://www.abc.net.au/news/newsitems/200605/s1635903.htm "PM moves to help body mix-up family"] , " ABC News Online", 17 May 2006]
Shadow Defence spokesman
Robert McClellandhas said that it seems American personnel had transported Kovco's body via a US military mortuary and then on to the private mortuary, after it arrived in Kuwait on an Australian C130 Hercules. "There was some identification before the body was treated in the morgue but none when it came out, certainly contrary to what would be standard coronial procedures," he said. [ [http://www.abc.net.au/news/newsitems/200604/s1626652.htm "Bungle may affect Kovco death probe"] , " ABC News Online", 29 April 2006]
Military Board of Inquiry
Because Kovco's battalion is based at
Holsworthy, New South Wales, his widow asked that his body be returned to Australia from Kuwait via Sydney Airport, where it arrived around 7:00 a.m. on 29 April 2006. His coffin was met by Kovco's wife and children, parents Judy and Martin and other family members plus an honour guard of three hundred 3RAR personnel in black armbands and dress uniform,
Chief of Defence Force Air Chief Marshal
Angus Houston, Chief of Army Lieutenant General Peter Leahy, Brendan Nelson and Robert McClelland. Kovco's family later formally identified his body at the mortuary in Glebe. [ [http://www.theage.com.au/news/national/dignity-at-last-for-private-kovco/2006/04/29/1146198391597.html "Dignity at last for Private Kovco"] , " The Age", 30 April 2006] New South Wales CoronerJohn Abernethy, who will now "assume jurisdiction in relation to any inquiry into his identity, the date and place of his death and the manner and cause of his death", has organised for homicide investigators at the State Crime Command to coordinate the investigation with the army's special investigations branch. [Stuart Rintoul and Nick Leys, [http://www.theaustralian.news.com.au/story/0,20867,18965173-31477,00.html "Homicide police probe soldier's death"] , " The Australian", 29 April 2006] An autopsy conducted on Monday, 1 Maydetermined the cause of death to have been a single bullet wound to the head. The shot left no powder burn, and passed straight through the soldier's body, close to his temple.Les Kennedy, [http://www.smh.com.au/news/national/grilling-on-kovco-death/2006/05/15/1147545265582.html "Grilling on Kovco death"] , " Sydney Morning Herald", 16 May 2006] The bullet itself was not passed to the coroner, and is apparently missing. [ [http://www.dailytelegraph.news.com.au/story/0,20281,18997884-5001028,00.html "http://www.dailytelegraph.news.com.au/story/0,20281,18997884-5001028,00.html"] , " The Daily Telegraph", 02 May 2006]
A military board of inquiry, headed by former NSW coroner
Group CaptainWarren Cook and including former Queensland police commissionerJim O'Sullivan and Colonel Michael Charles, was established to be conducted out of Sydney's Victoria Barracks, [ [http://www.news.com.au/story/0,10117,18967738-29277,00.html "Board set up to probe Kovco death"] , " News.com.au", 29 April 2006] and Brigadier Elizabeth Cosson, the most senior woman in the Army, was appointed to investigate the repatriation.(Cosson's team travelled to Kuwait on 30 Aprilto investigate the circumstances which led to the "casket bungle".)
A funeral service for the dead soldier was held on Tuesday,
2 Mayin the town hall of his home town of Briagolong, and was attended by several hundred mourners including the Prime Minister and Defence Minister, a large 3RAR presence led by its Commanding Officer, Lieutenant Colonel Mick Mumford, and a significant media contingent. Australian soldiers in Baghdad held a pre-dawn ceremony, led by Brigadier Paul Symon, to coincide with the funeral. [ [http://www.abc.net.au/news/newsitems/200605/s1628557.htm "Hundreds farewell Private Kovco"] , " ABC News Online", 2 May 2006] Kovco was buried with full military honours, including a 3-volley gun saluteand flypast, at the Sale Cemetery later in the day.
There was some criticism of the addition of Kovco's name to the Roll of Honour at the
Australian War Memorialin Canberra on 11 November 2006. The former president of the New South Wales Vietnam Veterans Association, Barry Billing, criticised the inclusion on the grounds that Kovco did not die as a result of hostile action. The inclusion was consistent with standard practice, however, as the names of all members of the Australian military who have died as the result of service in a warzone are included on the Roll without regard to their cause of death. [ [http://www.theage.com.au/news/National/Kovco-should-not-be-on-honour-roll/2006/11/13/1163266434171.html"Veteran's Kovco comments 'outrageous'] , " The Age", 13 November 2006] [Australian War Memorial [http://www.awm.gov.au/roh/intro.asp#eligibility Roll of Honour Introduction - Eligibility] . Accessed 20 January 2007.]
Draft report misplaced
15 May 2006a CD ROMcontaining a confidential draft copy of the Defence Department's report detailing the body repatriation "bungle" was accidentally left in the drive of an airline lounge computer at Melbourne Airportby the investigating officer, Brigadier Elizabeth Cosson. Subsequently, Melbourne radio journalist Derryn Hinch, who claims to have received the CD from the person who found it, broadcast some of the details of the report:
:" [Brigadier Cosson] said that " [T] he chain of custody was uncontrolled and vulnerable to failure, we can't find out who decided and we didn't know this was going to happen, that his body should be placed on a commercial flight" [...] And her words they, the military, "lost control, they lost contact with the body" [ [http://www.abc.net.au/news/newsitems/200605/s1641113.htm "Kovco's family condemns latest bungle"] , "
ABC News Online", May 17 2006]
"I'm deeply embarrassed about it and I deeply regret the circumstances," Air Chief Marshal Houston told a conference on
17 May, [ [http://www.abc.net.au/news/newsitems/200605/s1640955.htm "Defence appeals to Hinch after losing Kovco report"] , " ABC News Online", 17 May 2006] and appealed to the media to treat the material sensitively.
The draft report appears to stop short of finding anyone at fault for the problems with Kovco's repatriation. [ [http://au.news.yahoo.com/060517/2/yzz9.html "ADF apologises over another Kovco bungle"] , AAP,
17 May 2006]
Military board of inquiry
The military board of inquiry led by Warren Cook convened to investigate issues surrounding both the death and the repatriation in Sydney on
19 June 2006. The opening statement of council assisting Colonel Michael Griffin — via video link from Baghdad — included the revelation that Kovco, on 21 Marchjust 14 days into his tour of duty, he had dreamt of and written in his journal about his death by a shot to the head from his own pistol: [ [http://www.abc.net.au/news/newsitems/200606/s1666143.htm "Inquiry hears Kovco dreamt of his own death"] , " ABC News Online", 19 June 2006]
:"I dreamt I was sitting in our room (here) by myself and for some unknown reason I pulled out my 9 mm pistol and shot myself in the head!? I have no idea why but it seemed I wanted to see what it felt like." Kovco described hearing "the click of the hammer" as he shot himself, but he wrote, instead of a loud crack, "the sound went dull as the bullet entered my skull. It was like I could feel the bullet inside… a few seconds later I went limp and started gushing blood from the wounds, nose, ears and mouth. I then seemed to die and woke up and said, fuck, that hurts."Kovco went on to write that same night that he was not suicidal, but believed the dream was a premonition. "I have no intention of shooting myself," he wrote. "I know it wasn't about killing myself so I'm a bit worried that it might be a premonition about a bullet hitting me in the head but not killing me." [ [http://www.smh.com.au/news/national/chilling-premonition-in-soldiers-journal/2006/06/19/1150701484573.html "Chilling premonition in soldier's journal"] , "
Sydney Morning Herald", 20 June 2006]
According to PTE Ray Johnson, one of the two men with Kovco at the time of the shooting, "Dreams" by
The Cranberrieswas playing on an mp3 playerand Kovco stood at his bunk bed typing on his laptopwhile the men laughed and mimicked the lead singer Dolores O'Riordan. But the 23 year old private did not see Kovco place his gun, which had been hanging holstered from the bed, to his head. In a written statement, PTE Johnson said:
:"I think he might have done it in a joking fashion. He may have pulled the pistol and put it to his head, almost to say, 'This is so gay I'd rather be dead'. [...] I have no evidence to support this theory and I didn't see PTE Kovco do it, but it is the only way I can explain how Pte Kovco shot himself." [ [http://www.theage.com.au/news/National/Kovco-possibly-shot-while-joking/2006/06/20/1150701524929.html "Joke linked to Kovco's death: inquiry"] , "
The Age", 20 June 2006]
1 December 2006Defence chief Air Chief Marshal Angus Houstonannounced that the board of inquiry had determined that Kovco died as a result of the inappropriate handling of his personal weapon while engaging in skylarking behaviour." [ [http://www.smh.com.au/news/national/kovco-died-in-gun-bungle/2006/12/01/1164777779394.html "Kovco died in 'gun bungle' "] , " The Sydney Morning Herald", 1 December 2006]
Following lobbying by Judy Kovco, a Coronial inquest was opened 11 February 2008 and held at the Glebe Coroner's Court [ [http://news.sbs.com.au/worldnewsaustralia//kovco_coronial_inquest_starts_540163 Kovco coronial inquest starts - SBS World News Australia ] ] . After hearing 8 weeks of evidence, including controversial elements of Kovco's personal history that it was thought may have influenced his death, the Coronial Jury found that it could not determine Kovco's state of mind or whether he knew the weapon was loaded, but that "on the balance of probabilities", it was likely that he had not intended to take his own life [ [http://news.ninemsn.com.au/article.aspx?id=101851&rss=yes Kovco death 'self-inflicted, reckless' ] ] .
Before the verdict was rendered, counsel assisting the coroner, John Agius, SC, told the jury that the theory that Kovco had been shot by another soldier was "no more than the last grasp of a loving mother who cannot bring herself to accept that her son was less than perfect". [ [http://www.theage.com.au/news/national/jury-finds-kovco-death-accidental/2008/04/02/1206851013837.html Jury finds Kovco death accidental - National - theage.com.au ] ] Although numerous witnesses were excused from those originally summoned, the coronial inquiry ran longer than initially slated due to the re-ordering of witnesses and the possible recall of several witnesses late in the inquiry. A request was made by legal counsel representing Kovco's parents to recall several witnesses after the questioning of Warrant Officer Tim Cuming, Kovco's company sergeant major in Iraq. A report submitted as evidence by Major Kyle Tyrell stated that several soldiers had made allegations that WO Cuming had intimidated them and attempted to influence their evidence prior to the military board of inquiry. When asked several questions regarding these allegations, Warrant Officer Cuming said " I claim privilege against self-incrimination". [Dan Box, [http://www.theaustralian.news.com.au/story/0,25197,23366058-31477,00.html "Officer 'intimidated' Kovco witnesses"] ] Requests by legal counsel to recall witnesses who were potentially affected by WO Cuming's actions were denied.
The coronial inquiry concluded on April 2nd 2008.
* [http://www.defence.gov.au/publications/kovcoreport.pdf Board of Inquiry Report into the death of Private Jake Kovco]
* [http://www.defence.gov.au/publications/Defenceresponsetokovcoreport.pdf Defence Response to the Board of Inquiry Report]
* [http://www.defence.gov.au/publications/Cosson_%20Report_%20Executive_%20Summary.pdf Cosson Report Executive Summary]
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