Defence Minister Stephen Smith says the coalition doesn't understand its own legislation which has been used to charge three Australia soldiers with manslaughter and dangerous and prejudicial conduct.
Opposition defence spokesman David Johnston says he's not convinced Defence engaged senior and experienced counsel for its pre-charge submissions to the independent Director of Military Prosecutions.
He told ABC Radio yesterday that anything less than that is a slap in the face to those soldiers.
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But Mr Smith believes the comments have contributed to the ill-informed and inflamed language that's come to dominate the debate.
Mr Smith says Senator Johnston either inadvertently or deliberately misunderstands the nature of the representations that can be made under the Howard government legislation.
He says the former Howard government's Defence Force Discipline Act makes clear that senior ADF officers make representations to the director on general implications for the forces.
The charges stem from a night raid last year on a residential compound in Oruzgan province in which six people died - including five children.
