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Political figures, elected representatives and veterans organisations have expressed a multitude of differing views on yesterday’s arrest of Australia’s most decorated soldier, Ben Roberts-Smith.
Former Australian Army Special Air Service Regiment soldier Ben Roberts-Smith, identified through recent media reports and court documents but not directly named by the Australian Federal Police, was arrested on Tuesday morning at Sydney Airport following an investigation into alleged war crimes by the Office of the Special Investigator and the Australian Federal Police.
“It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan,” AFP Commissioner Krissy Barrett said.
“It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed.”
The Victoria Cross recipient is facing up to life imprisonment for the five charges of alleged war crime murder.
Tony Abbott said in a post on Facebook that he holds “instinctive sympathy” for “all” of Australia’s SAS soldiers.
“I am very sorry that some of them have been subjected to a form of persecution by the country they served.
“If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?”
Prime Minister Anthony Albanese refused to comment on the matter when questioned by journalists at Parliament House, noting that this is a legal matter, and commentary will come from the courts.
“I have no intention of prejudicing a matter that clearly is a legal matter and that’s before the courts, and any comment would do so.”
“That is a matter that is very important that there not be political engagement in what is a matter that is now the subject of legal proceedings.”
Greens senator David Shoebridge took a more firm perspective in supporting the arrest, saying in a statement that this emphasises the fact that in Australia, no one is above the law.
“This is a moment of accountability and highlights the appalling cost of war on all sides.
“Gold braid on your shoulder is not meant to be legal protection from complicity in war crimes.”
Former defence minister Joel Fitzgibbon also commented, saying in a LinkedIn post that the conditions ADF soldiers faced in Afghanistan presented a “limit to their mental resistance”.
“By far the greatest perpetrators of war crimes against the innocent were the Taliban, and they go unpunished.
“The enemy wore no uniform, making it hard to be sure who was a threat and who was not. Who to trust, and who not to trust.”
The Australian War Memorial revealed that they will be undertaking a review of its display featuring Ben Roberts-Smith’s uniform.
RSL Australia’s national president, Peter Tinley, released a press statement on the alleged crimes, echoing similar points to Prime Minister Albanese, saying that the court proceedings must go on without interference.
“Regardless of the legal proceedings, RSL Australia’s primary responsibility is to the veteran community, and we are here to support all those who may be impacted.”
Executive director at the Australian Centre for International Justice, Rawan Arraf, said the arrest and eventual court proceedings marks a “significant and long-awaited step for victims”.
Ben Roberts-Smith’s lawyers appeared on Wednesday morning and did not make an application for bail, rather requested an in-person meeting at the Downing Centre Local Court later the same day, which the judge said was highly unlikely.
The accused war criminal is set to face an administrative court hearing on 4 June.
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