War crimes investigator and AFP ask corruption commission to probe Ben Roberts-Smith leak
Australia’s war‑crimes investigator and the AFP have requested the National Anti‑Corruption Commission to look into a media leak that exposed the arrest of former SAS corporal Ben Roberts‑Smith. The 47‑year‑old, a Victoria Cross recipient, faces five war‑crime murder charges. The leak, which surpri…
The Office of the Special Investigator for war crimes allegations and the Australian Federal Police (AFP) have formally asked the National Anti‑Corruption Commission (NACC) to investigate a media leak that exposed the arrest of former Special Air Service (SAS) corporal Ben Roberts‑Smith. The 47‑year‑old, who earned the Victoria Cross for his service in Afghanistan, was taken into custody at Sydney Airport on 7 April on five charges of war‑crime murder, alleging he killed unarmed civilians during his deployment.
What Happened
On the morning of 7 April, Roberts‑Smith was arrested by AFP officers on the tarmac of Sydney Airport. Video footage of the arrest, which showed the former SAS corporal being escorted by police, was later shared by the AFP. However, journalists had already reported the arrest before the police had formally announced it, raising questions about how the information was obtained.
Investigators’ Surprise and the Call for a Probe
Chris Moraitis, director‑general of the Office of the Special Investigator, told a Senate estimates hearing that he was shocked to learn that journalists had prior knowledge of the arrest. He said, “It’s a matter that concerns me. The media seem to have been privy to things, and therefore we’re taking steps to ascertain what happened there.” Moraitis explained that the AFP and the Special Investigator’s office had seen media presence on the morning of the arrest at various locations, indicating that the information had leaked early.
Both organisations have written to the NACC requesting an investigation into the alleged unauthorized disclosure. The NACC has yet to respond to the request. Moraitis added that the AFP had also notified the office of the Attorney‑General, Michelle Rowland, that the arrest was scheduled for that day, but no operational details—such as the exact location—were shared with Rowland’s office ahead of time.
Background on the Charges
The five charges against Roberts‑Smith relate to three incidents that occurred during his deployments with the SAS to Afghanistan, part of Australia’s two‑decade, ultimately unsuccessful mission in the country. Roberts‑Smith has denied all allegations, stating, “I categorically deny all of these allegations.” The case has attracted intense scrutiny, not only for the seriousness of the accusations but also for the high profile of the defendant, a decorated war hero.
Implications and Next Steps
The inquiry into the media leak could have significant implications for how sensitive law‑enforcement operations are handled in Australia. If the NACC finds that the AFP or the Special Investigator’s office failed to safeguard confidential information, it may prompt reforms in internal protocols and oversight mechanisms. Meanwhile, the legal proceedings against Roberts‑Smith are set to proceed, with the court hearing expected to commence later this year.
In the meantime, the Australian public and media remain keenly interested in both the outcome of the war‑crime trial and the investigation into the leak. The case underscores the delicate balance between transparency, press freedom, and the need to protect the integrity of ongoing investigations.
Why It Matters
The situation highlights the importance of secure communication within law‑enforcement agencies and the potential consequences of unauthorized disclosures. It also brings to light the challenges faced by whistleblowers and journalists when reporting on sensitive national security matters.
Key Takeaways
- Ben Roberts‑Smith, a former SAS corporal and Victoria Cross recipient, was arrested on 7 April on five war‑crime murder charges.
- Journalists reportedly knew about the arrest before the AFP announced it, prompting a call for an investigation into the leak.
- Both the Office of the Special Investigator and the AFP have asked the NACC to probe the alleged unauthorized disclosure.
- The NACC has not yet responded to the request.
- The case raises questions about the handling of confidential operational details and the role of the media in reporting sensitive information.
Frequently Asked Questions
- What is the National Anti‑Corruption Commission (NACC)? The NACC is an independent body tasked with investigating corruption and misconduct within Australian public institutions.
- Why was the arrest at Sydney Airport? The arrest took place at the airport to facilitate a swift and discreet transfer of Roberts‑Smith to custody, given the high profile of the case.
- What are the next steps for the NACC investigation? The NACC will review evidence provided by the AFP and the Special Investigator’s office to determine if an unauthorized disclosure occurred.
- When will the war‑crime trial begin? The trial is scheduled to start later this year, pending court arrangements and any procedural delays.
Why it matters
The case underscores the need for stringent safeguards around sensitive law‑enforcement operations and illustrates how leaks can compromise investigations, potentially affecting national security and public trust.
Key points
- Ben Roberts‑Smith arrested on war‑crime charges
- Media leak revealed arrest before official announcement
- Special Investigator and AFP seek NACC probe
- NACC yet to respond
- Case highlights importance of secure communication
Frequently asked questions
What is the National Anti‑Corruption Commission (NACC)?
The NACC is an independent body tasked with investigating corruption and misconduct within Australian public institutions.
Why was the arrest at Sydney Airport?
The arrest took place at the airport to facilitate a swift and discreet transfer of Roberts‑Smith to custody, given the high profile of the case.
What are the next steps for the NACC investigation?
The NACC will review evidence provided by the AFP and the Special Investigator’s office to determine if an unauthorized disclosure occurred.
When will the war‑crime trial begin?
The trial is scheduled to start later this year, pending court arrangements and any procedural delays.
