The director, Brigadier Lyn McDade, had been considering whether to lay charges against the soldiers, who conducted a night-time raid on a residential compound believed to harbour Taliban insurgents on February 12 last year. Defence said previously the deaths occurred as the soldiers conducted clearance operations using gunfire and hand grenades. One suspected insurgent and five children were killed, while another two children and two adults were wounded. The soldiers, formerly of the Special Operations Task Group, were to be charged with service offences, Brigadier McDade said. The soldiers were not named in the statement. Brigadier McDade said her investigations had been completed only recently and only after "careful, deliberate and informed consideration".

"The accused persons will be charged with various service offences, including manslaughter, dangerous conduct, failing to comply with a lawful general order and prejudicial conduct," Brigadier McDade said in a statement. In a statement released the day after the attack, Defence said the deaths occurred as Special Operations Task Group soldiers conducted clearance operations through a number of compounds. "During the conduct of this operation the soldiers were fired upon by Taliban insurgents," it said. "The SOTG engaged the insurgents, returning fire in accordance with their rules of engagement." The two soldiers, A and B, have issued a statement in response, promising to fight the charges.

"We will strenuously defend the charges and we look forward to the opportunity of publicly clearing our reputations, as well as the reputation of the Australian Defence Force," the pair said through the law firm Kennedys. Soldiers A and B attacked the media for "many cases" of inaccurate reporting of the clearance operations. "Words will never adequately express our regret that women and children were killed and injured during the incident on 12 February 2009," they said. "These were people we were risking our lives to protect." The soldiers blamed the deaths on the enemy.

"It should not be forgotten that the casualties were ultimately caused by the callous and reckless act of an insurgent who chose to repeatedly fire upon us at extreme close range from within a room he knew contained women and children," the pair said. Soldiers A and B said when the full facts of the battle became public, their decision would be vindicated. "It will be clear to everyone that we made the correct decision under truly awful circumstances." Defence Minister Stephen Smith said Brigadier's McDade's decision was a matter for the "independent military legal process". Loading

"It is not appropriate for me to comment on the decision of the military prosecutor, the incident itself, or to prejudge in any way the outcome which will be heard before a service tribunal or tribunals," he said in a statement. AAP, Dan Oakes

