I haven't had this problem. At least, I'm pretty sure I haven't. If I get the commander's sword, I usually doing it by
using the Command: Drop spell.
But I know I looted the commander's scale mail recently. Although, it may have been in patch 4. In my current Honour Mode playthrough, I killed the commander from a distance and ran to make the connection, so I can't comment on patch 5, other than what I mentioned above about the sword. That said, I'm *positive* the commander could be looted in patch 4. At least in regards to the scale mail.