THE ‘FRAGGING’ — AND A KANGAROO COURT?
Australian infantry private, Peter Denzil Allen, was charged with murder during the Vietnam War.
It was alleged that early on the morning of the 23rd November 1969, Allen ‘fragged’ the 9th Battalion’s LT Robert Convery by lobbing a grenade onto his platoon commander’s stomach as Convery slept in his tent at the Australian base in Nui Dat.
It was a terrible tragedy — one of many tragedies in that war.
PTE Allen readily confessed his guilt, was appropriately court-martialled, sentenced to life in prison, and eventually served some ten years or so.
Now, at the outset, let me say that I served alongside PTE Allen for a short time in Vietnam with the 2nd D&E Platoon, and am not an apologist for him. What he did was cowardly and despicable. No question about it.
That is, if he did it.
You see, it has been my experience that not everything is cut and dried when it comes to the Australian Army when it comes to Army enquiries, investigations, court martials and ‘war crimes’.
There is no question that PTE Allen was clearly suffering from PTSD when this murder took place — and the Army should have been well aware of it. Not only had he been forced to act as the forward scout during earlier service with the 1st Battalion (reluctantly, and in a platoon led by LT Convery who rarely relieved him from that role) but had been intimately involved in the traumatic ambush that took place later, at Thua Tich on the 29th May 1969 while serving with the 2nd D&E Platoon. In that action, he was part of a section of riflemen that took on a force of hundreds of Viet Cong, passing by the section’s front.
(More on that battle can be read at:
So to put it bluntly, when the clearly disturbed soldier arrived at the 9th Battalion (his fourth posting in Vietnam) his animosity towards LT Convery had become palpable. Especially when Convery had insisted on Allen maintaining the role of scout for another four months — a position in the platoon that places the greatest stress on the infantryman.
Exacerbating his personal demons from previous infantry actions, PTE Peter Allen had turned to alcohol and marijuana, and even more so after the 9th Battalion’s tour of duty was done, and was awaiting a return to Australia.
(Those of us who served with him were already aware of PTE Allen’s predilections for drugs and alcohol before he went to the 9th Battalion.)
So even if PTE Allen had killed LT Convery, he had at least the spine of a defence at his disposal. At best, his mental state should have been taken into account, and one could reasonably argue then, that his action amounted to manslaughter, not murder.
But PTE Allen was no lawyer, was relatively uneducated, and was lost in an unfamiliar Army environment — a court-martial full of experienced legal officers, legal jargon and confusing legal processes. And no officer was really interested in working up a defence for him. He was just a dickhead private soldier, and he’d killed one of their own, you see.
This was also something of a ‘show trial’, after all. An Australian Army officer had been murdered by a lowly infantry private, and the army was keen to ensure the best interests of the elite were safeguarded.
It was also a trial in which a young LT Peter Cosgrove was kept back in Vietnam for a couple of extra months after his tour had ended, ostensibly to give evidence in the matter, even though Cosgrove knew nothing of the background to the matter, the circumstances, nor had little to do with it other than administrative actions the day after. But Cosgrove’s star was on the rise and giving evidence in a sensational army trial could only have benefitted his advance through the ranks.
As it was, all Cosgrove’s ‘evidence’ amounted to, was nothing more than that he had apparently witnessed PTE Allen giving him a ‘hateful’ look as he had passed Allen on a punishment detail some time earlier. (Allen had been forced to dig holes and then fill them in again — traditional army fare when it comes to pointless punishments.)
Most infantry privates would have given passing officers the same look, and a middle finger behind their back, because in the army at that time, young lieutenants acted like, and expected to be treated like, gods.
So PTE Allen was found guilty, sentenced to life in jail, and eventually spent more than ten years in a prison in Tasmania before being released early, in equally puzzling circumstances.
But that early release is altogether another story.
A CONSPIRACY TO MURDER?
Over the years, a number of veterans have provided me with much more detail about this matter than was ever revealed to either the original court martial in Vietnam, or the subsequent appeal in Australia — veterans who also served with Captain Graham Dugdale’s ‘B’ Company, 9RAR.
The suggestion is that there were more sinister overtones to the ‘fragging’ than was ever made public.
PTE ALLEN — THE FALL GUY?
Outside the accounts of the various trials (which can be read independently on the internet) it is interesting to read and hear the contrary accounts that surface in veteran circles.
And other than place significant aspects of those accounts on paper, I have no personal opinion, and make no personal judgement about what happened. I wasn’t there.
THE EVIDENCE
Let’s start with historian, David Chamberlain. In his work, Death and Dishonour. He writes that, ‘…on the particular night of 22nd November, 1969 the young Lt. Convery had been enjoying a few drinks, when he had words with Private Peter Allen and the others in Corporal Terry Cunich’s tent. The upshot of it was Lt. Convery stated in no uncertain terms that if he caught them “drinking in the lines again” he would “have them on a charge”. Peter (Allen) had already felt the wrath of Convery’s “charges” prior and he was not in the least bit amused. In fact he was ropable! His mates tried to settle him down and it appeared that they had, but Peter was still wild and wound up. After Lt. Convery had left the tent area he said, “I’ll get that bastard, he’s done nothin’ but give me a hard time….. He’ll get his!” There was silence from the others. “Go to bed and forget about all this shit tonight”, said Cunich, “it’ll be all right in the morning mate and remember we’re goin’ home in a few days.”)
(Those words in italics above purport to be precise recollection by men, but in truth, are interpretations by Chamberlain.)
So Convery was prepared to drink with his subordinates when it suited him, but take action against them when it didn’t.
Chamberlain continues, ‘The youthful Lieutenant Robby Convery was a stickler for military authority — especially his own. His subordinate, Private Peter Allen, seemed to think that it was a case of “do as I say, not as I do” and that he “had it in for him.” There wasn’t a great deal of age difference between the two soldiers and Peter thought that the young officer was “up himself”. Later during his Court Martial Private Peter Allen said of Lieutenant Robert Convery, “Mr Convery did not have a clue in the bush”, that he “gave ridiculous orders” and that he was “always back, cringing like a dog really.” He also accused Lt Convery of being “arrogant, inconsistent and a poor disciplinarian.”
That account by Chamberlain supports the charge against PTE Allen.
But according to another veteran, PTE Allen and some others in CPL Terry Cunich’s tent had been drinking, and hypothetically discussing the “ambushing” of a particular sergeant — Tom Cross — who was a thorn in their collective sides. SGT Cross was, it appeared, the bane of their life both in the field and back in camp at Nui Dat. Full of alcoholic bravado, the diggers, including CPL Cunich, were letting off a bit of steam in regard to what they would do to the sergeant if they ever had the opportunity. LT Robby Convery arrived on the scene and “ticked” them off, and threatened to have them all “charged”. He later told LT Brien of 8RAR that he intended to take CPL Cunich’s stripes off him.
But the seeds of a ‘fragging’ had been sown in PTE Allen’s mind.
THE PROBLEM OF ALCOHOL IN THE LINES
PTE Allen was drunk when he ‘fragged’ LT Convery.
So it is important to note here that alcohol consumption by Australian troops in Vietnam was a perennial problem.
- in 1967, Brigadier Stuart Graham DSO, MC had attempted to impose restrictions. He recognised that alcohol consumption by soldiers was ‘simply too dangerous both to themselves and others’ (AHQ file 707/R2/38(2), AWM 107)
- when Brigadier Ron Hughes took over from Graham, he noted the number of alcohol-related offences in Nui Dat and demanded that officers and NCOs take steps to stop excessive drinking (1ATF Commanders Diary, December 1967, AWM 95)
- MAG/GEN MacDonald was also disturbed by the excessive drinking, especially after another ‘fragging’ matter (a gunner had killed an Artillery officer the year before) and regarded ‘uncontrolled drinking’ as ‘the contributing factor’
- MAJ ‘Digger’ James MC, the medical officer commanding 8 Field Ambulance regarded alcohol as ‘one of the great problems’ affecting the health of soldiers. (On the Offensive, McNeill and Ekins)
- The national historian — Ashley Ekins — cited the connection between excessive alcohol consumption and stress-related or psychiatric illnesses. (Fighting to the Finish, Ekins)
But in 1969, the new Task Force Commander — Brigadier C. Pearson MC — was not so pedantic about alcohol restrictions. He was of the opinion that men needed to let off steam. This was to have serious consequences.
Especially in ‘B’ Company, 9RAR.
At least one infantryman from that Company thought so.
Two days after the ‘fragging’ , Corporal ‘Wally’ McLeod (ex-5 Platoon, B Company) wrote home that,
‘…the whole Company was pissed and only a few people heard the grenade go off…It wasn’t discovered until an hour later (1.15 AM) and that was because another officer was trying to ring (Convery) up and went down to the tent, turned the light on, and was confronted with a butcher shop…The name of B Company 9RAR is shit all over the army now.’
(McLeod’s letter to a friend in Australia, was donated to the AWM by Alan Kitchen, and is in the OHC File, D/2/78, AWM 257)
THE DRINKING PARTY
Was alcohol the trigger? There were a number of drinkers in CPL Cunich’s tent that night, and a great deal of alcohol consumed by all. Those present included PTE Kevin Lynch, and PTE John Watson.
The main topic of conversation centred on the possible fragging of SGT Cross, and from the evidence given in court, most of those soldiers present were of the same opinion. Aparently, he was universally despised, and a ‘fragging’ seemed the best option to be rid of him.
(Interestingly, the fact that private soldiers had discussed ‘fragging’ a sergeant doesn’t seem to have concerned any officer of the court, or the Army after the conclusion to the trials.)
PTE Garry O’Reilly (in the tent next to that of CPL Cunich) hadn’t been drinking, and stated that Allen had come in to his tent after Convery had told the men to get to bed, and asked for a cigarette, and then whispered, ‘If you hear an explosion, say nothing!’
Fifteen minutes later, the grenade went off.
Significantly, this was damning evidence, but it was one man’s unvalidated word, hearsay, and no one questioned it.
THE SCENE OF THE CRIME
LT Ivan Clark was the first man on the scene, and found Convery’s twisted body with his intestines hanging out, and blood splattered all over the tent. Strangely, LT John Brien of the 8th Battalion had only arrived that day, and had managed to knock over ten cans of beer. If you believe the evidence given in court, somehow LT Brien who was asleep in the bed next to Convery, apparently hadn’t been woken by the grenade explosion next to him that blew a man apart, hadn’t woken while two men entrered the tent with flashlights to examine the corpse and the scene of the explosion, and had to be roused from his slumber.
Incredibly, no court officer asked LT John Brien to explain how this was possible? Was the fix in?
All the soldiers were ordered from their tents — including PTE Allen who initially didn’t stir, despite all the activity, despite the hard shakings, and only did so when a bottle of water was poured over him. He was still drunk, and drugged.
SO TO THE CONSPIRACY?
Another veteran of B Company 9RAR, contacted me. I’ll call him ‘Veteran X’, and this following conversation took place as best I can recall:
“Do you remember ‘Pedro’ Allen?” I asked.
“Ah yeah, Private Peter Allen,” he said. “He’s a hard man to forget Don. None of us will ever forget him. He came over to the 9th Battalion with you, didn’t he?”
“Yeah, we both came the same route,” I said. “Formerly the 4th Battalion, then the 2nd D&E Platoon, then disaster, and over to the 9th. He should’ve been sent home though, a long time ago. Shouldn’t have been up there at all. Wasn’t the full quid by a long shot.”
“No, but he wasn’t a murderer either,” ‘Veteran X’ declared. “He got stitched up for that, you know, not that anyone’s going to look into it now.”
I told him I’d heard the same before. There had been lots of talk.
“You don’t reckon he blew that officer up?” I asked. (I was in hospital in Queensland at the time, and all I knew about it was what other veterans in the ward told me. And they only knew what relatives told them from newspaper accounts.)
“No way,” said ‘Veteran X. “He wasn’t bright enough to do that. No way. No, there were a couple of blokes in that company who had had it in for that particular officer, and they fragged him, and let that dickhead Allen wear the blame. They were nasty bastards too — coppers who’d been called up for national service, and they were corrupt bastards right from the start. Always were, even as coppers. They all knew each other, and had a few scams going, and that officer they murdered was on to them, from what a few blokes were saying, so they had to get rid of him.”
“Why Allen though?” I asked, because I’d known the bloke, and even though I’d thought he was a fool, I’d never thought he’d murder someone. “How’d he get the blame for it?”
“I don’t know why,” Veteran X answered. “I think it was because he was a country bumpkin, mostly. Like you, he was a ‘reo’, so he’d not built any real connections, and no one seemed to like him. Used to grow some hemp behind his tent they reckoned, and was stoned a lot. He was an easy mark.”
“What actually happened?” I asked.
“Last I saw of him was the day he got charged. When the grenade went off, we were all pissed as farts because we’d celebrated the end of our tour and we hadn’t been killed or wounded like you were Don,’ he said. “We were ordered out of bed by the platoon sergeant and the R.S.M. who came down the lines screaming out for us all to get out of our beds and get on parade, and not to touch our weapons or our webbing. So we all stumbled out, half-fuckin’ nude most of us, and lined up while they checked every man’s grenades. Then we went back to bed. Later that morning, the CSM comes back down and he’s screaming out for me and the rest of my section to get our gear and webbing on. Then he marches us up to the Company parade ground, double-quick time, to guard the prisoner. And there’s Allen, sitting in the dirt, still drunk as a skunk with his head in his hands. He had no idea what the hell was going on.”
“Did you talk to him?”
“Yeah, tried to. They had him in a sort of prison out in the middle of the parade ground. Just a few strands of barbed-wire and star pickets placed in a circle. I asked him what the fuck he did, but the RSM spots me talking to him.”
“Don’t you talk to that fucking animal!’ he screams out through the window. “No one talks to that animal!’”
“Then they charged him?”
“Yep, got him for murder. Gave the poor bastard sixteen years, and the bastards who did it were laughing all the way to the bank.”
“What ‘bank’ are you talking about?”
“It’s another part of it,” said ‘Veteran X’. “They’d ripped off some of the grubs down at Vung Tau, not that anybody was worried about that. Apparently these coppers worked out pretty quickly how the organised crime was running down there, and on an R&C break, they simply picked their mark. They waited outside one of the bars where the mama-san had to hand over her night’s takings to some gang leader, and they hit her without warning — a couple of bayonets in at the same time, one on each side of her, then they turned her over like she was on a rotisserie and shook her till she died. They walked off with all the takings. But a few blokes got wind of it, and word of it got back to the lieutenant who started asking questions. The bastards waited till Allen got drunk and drugged which he did every night, knocked off one of his grenades and did the deed. Got the lieutenant off their back, and let Allen wear it.”
“Jesus!” I said.
“And your idiot mate Allen did about sixteen years for it, said ‘Veteran ‘X’. I think he’s dead now. He was a broken man when he died. Destroyed his family too.”
“He wasn’t my ‘mate’,” was all I said, shaking my head.
It was a lovely war, wasn’t it?
MY CONCLUSION ( FOR WHAT IT’S WORTH)
PTE Peter Allen admitted that he murdered LT Convery. That sems clear enough to say ‘case closed’.
But consider this:
Allen had gone to bed that night with those conversations in CPL Cunich’s tent swirling around his brain — especially those about ‘fragging’ SGT Cross; he was suddenly roused from his short sleep, discombobulated from alcohol and marijuana and the lack of sleep, and was confronted with the commotion of a confronting murder of an officer in the Company ranks; then there was the chaotic that ensued — the parade of drunks, the search of grenade pouches, and the screaming and ranting by officers and NCOs.
Imagine that scenario that unfolded in the early morning darkness.
So when they found a grenade pin outside Convery’s tent, and a grenade missing from PTE Allen’s pouch, it is not hard to mount a defence that Allen could easily have been confused enough to simply accept it must have been him then who was responsible, and in that state, confess.
It doesn’t take a legal mind to think seriously on Allen’s supposedly criminal actions and question them:
- he lay in wait outside Convery’s tent until Convery and LT Brien stopped talking and fell asleep;
- he took a grenade from his own pouch (and not someone else’s), pulled the pin from the grenade and very carefully placed it on Convery’s stomach in manner so as not to do damage to LT Brien (how thoughtful of him!)
- and then simply went back to his bunk in the few seconds that lapsed between pulling the pin, and the grenade exploding
- …and just fell asleep?
REALLY?
He was supposedly drunk as a skunk, yet allegedly sober enough to plan, and carry out a fragging with some considerable care and precision?
HIS MOTIVATION
The prosecutors at Allen’s court martial and his appeal would have the world believe that Allen’s motivation to kill a fellow soldier was four-fold:
- because he hated Convery for making him the permanent forward scout in both 1RAR and 9RAR (which was fair enough in the context)
- because Convery had forced him to undertake a signalman’s course even though the battalion had concluded its operations in the field
- because Convery had charged him with various offences which resulted in financial pain and field punishments
- and because Convery had threatened to take away CPL Cunich’s stripes (misguided loyalty to Cunich — sticking up for a mate?)
Seems like flimsy motivation to me for any man to murder an officer.
I do not have any legal training, but common sense would suggest that someone who did have such training, a competent member of the Australian Legal Corps for example, should have questioned this apparent litany of contradictory behaviour at either the court-martial or the subsequent appeal.
Many should ask, as the father of LT Convery asked afterwards, why was alcohol so readily available in the lines, why was it such a problem in 9RAR, and why were conversations by infantry privates about ‘fragging’ anyone not acted upon?
And they might conclude that the Army was as equally culpable as PTE Allen was, insofar as they knew Allen had a drinking problem before he enlisted (from his psychiatric reports) and then not only made alcohol freely accessible to him, but failed to monitor the soldiers’ consumption of it.
Surely, drunkeness — made possible by the lax rules and regulations under the control of Brigadier C. Pearson, had to qualify as a defence of diminished responsibility.
As for 9RAR, even New Zealand infantrymen mocked the battalion. They dubbed grenades as ‘the 9RAR handshake’. (Grey Ghosts,Challinor)
And embarrasingly, immediately after the murder, grenades were confiscated from soldiers across the battalion — a first in the Australian Army, and a dubious distinction held by 9RAR. (Fighting to the Finish, Ekins, again.)
(Don Tate is a former infantryman who served with the 4th and 9th Battalions as well as the 2nd D&E Platoon. He taught English and History in NSW high schools, and is the author of five book including The War Within and Crucible: The Australians in Action in Vietnam.)
