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Kerry Stokes's position as Australian War Memorial chair 'untenable', former director says

<span>Photograph: Mick Tsikas/AAP</span>
Photograph: Mick Tsikas/AAP

Kerry Stokes’s position as chairman of the Australian War Memorial is “untenable” in the wake of the Brereton report, a former director of the institution has said.

Brendon Kelson, AWM director in the early 1990s, said it was “totally inappropriate” for the chair of the institution to be supporting anyone embroiled in the alleged war crimes scandal.

Last week, the Australian Financial Review reported that Stokes had promised to help members of the Special Air Service regiment through an existing special fund that could, among other things, cover legal costs.

The SAS resources fund, established in 1996, is intended as a broader support program for all SAS members, current and former, and their families, and is not directly controlled by Stokes. Stokes’s spokesman reportedly told the AFR the fund might provide support to SAS members during any upcoming investigation by the office of the special investigator.

Related: Australian war crimes allegations: defence chief says commanders will be held accountable 'case by case'

Stokes has separately confirmed that he is funding the defamation case of Ben Roberts-Smith, a highly decorated SAS veteran, who is suing the Nine newspapers for defamation in the federal court, after they published a series of articles accusing him of war crimes.

The federal court has heard Roberts-Smith is a suspect in an ongoing federal police probe examining allegations he kicked an Afghan civilian, Ali Jan, off a cliff.

Roberts-Smith strenuously denies the allegations.

Kelson said the AWM was an institution of public record, one that was meant to remain apolitical and, at its core, was intended as a “scream from the heart for peace”.

“The fact of the matter is that he’s adopting a position that is not appropriate for the chairman of a national cultural institution, which is an institution of public record,” Kelson said. “This is absolutely away from everything the memorial stands for.

“He should step back from it, if he doesn’t step down from the war memorial chairmanship.”

The veterans’ affairs minister, Darren Chester, said on Monday that any offer by Stokes must be understood in the context of his “long history of supporting veterans’ causes”.

Related: Australian special forces soldiers incensed at war crimes inquiry clearing commanders of blame

“The people that you’re talking about have not even been charged with anything, so they’re entitled to their legal rights and given the opportunity to defend themselves,” Chester told the ABC. “And if Mr Stokes wants to support someone in defending their legal rights, I don’t think that’s an issue for me or the government. I think it’s a fair step for him to be taking.”

Asked about the reports of Stokes’s offer on Saturday, Scott Morrison said: “It’s a free country and it’s a matter for them about how they choose to provide support.”

Australian War Memorial
An exhibit at the Australian War Memorial in Canberra on the activities of Australian regular and special forces in Afghanistan. Photograph: Mick Tasikas/AAP

Stokes had no comment in response directly to Kelson’s comments.

“The funding of his [Ben Roberts-Smith] legal action is a private matter, however he has put his medals up as collateral on a loan and will relinquish them if required,” Stokes said.

“If this eventuates, I will donate his medals with Ben’s approval to the Australian War Memorial, as I have done so with other VCs and medals in the past.”

Related: Australia's special forces problem: why the SAS is facing a crisis

The shocking findings of the Brereton inquiry sparked debate about how the AWM should be changed to reflect special forces’ actions in Afghanistan.

The former chief of the defence force, Chris Barrie, last week called for exhibits about the SAS to be removed from public display, to allow time for the institution to consider its response to the inquiry.

The current AWM director, Matt Anderson, has said he was reviewing the Brereton report and that the findings would be incorporated into the way the memorial presented contemporary service.

Chester said on Monday it was “inevitable” there would be changes to the presentation of its Afghanistan exhibits.

“I think it is inevitable that it will be – we’ll have to tell the whole story,” he said. “The war memorial is a place of truth-telling. It tells the story of Australian service, courage and sacrifice, and unfortunately it tells the ugly side of battles as well.”

Kelson said the findings should force a rethink of the planned $500m expansion of the AWM.

The four-year inquiry by Army Reserve Maj Gen Justice Paul Brereton found there was credible evidence that special forces were involved in 39 unlawful killings in Afghanistan, including the killing of unarmed prisoners. There was evidence the alleged killings were covered up using “throwdowns” and invented cover stories, he found, and none took place in the heat of battle.

More than 20 ADF personnel have been referred for criminal investigation by the soon-to-be-established office of the special investigator, which will be led by a senior legal figure and staffed by federal, state and territory police.

  • In Australia, support and counselling for veterans and their families is available 24 hours a day from Open Arms on 1800 011 046 or www.openarms.gov.au and Safe Zone Support on 1800 142 072