Gina Rinehart, Pauline Hanson Tony Abbott speak against Roberts-Smith arrest, while John Howard comments, Angus Taylor calls for government to pay legal bills
Updated ,first published
The voice of a billionaire was heard loudly when it came to Ben Roberts-Smith. The other’s silence speaks volumes. Mining magnate Gina Rinehart immediately launched a powerful attack on the high-ranking military’s prosecution. Unlike the experienced player’s previous supporter, media mogul Kerry Stokes remained silent.
It was just one example of how the case has drawn dividing lines, just a day after the Australian Federal Police charged Roberts-Smith, a former soldier and recipient of the Victoria Cross, the Australian military’s highest honour, with five counts of war crimes – murder.
Politicians were also divided into camps. Some, including the prime minister, say nothing, citing the case as a reason. Others, such as Pauline Hanson and Tony Abbott, strongly condemn the accusations.
And so it passes through the nation. You can buy letterbox magnets to show your support for Roberts-Smith on social media, while there are also calls for the Australian War Memorial to rethink its soldier tribute display.
Rinehart, Australia’s richest person, gave an emphatic “yes” to the byline when asked if he still supported Roberts-Smith.
“I do not see how spending more than $300 million over many years to direct SAS veterans who served our country to criminal proceedings and most recently Ben’s arrest can be justified,” Rinehart said in a statement.
Rinehart said he hoped Australians would show Roberts-Smith “compassion and Australian spirit” and hope he would remember the duty he undertook for Australia.
“In our country, which is poorly defended and facing uncertain times, have we overlooked the fact that the morale of our Defense Force has fallen to its lowest level since its inception, our defense personnel numbers are insufficient and personnel recruitment is problematic?”
On Tuesday, One Nation leader Pauline Hanson and former prime minister Tony Abbott used similar statements to say they still support Roberts-Smith.
“I, his immediate and wider defense family need the support of the Australian people at this time and I will not abandon him like so many other politicians,” Hanson said on social media.
Abbott said it was “wrong to judge the actions of men in deadly wars by the standards of ordinary civilian life.”
Nationals Senator Bridget McKenzie said the prosecution was a “tragedy”, while Opposition Leader Angus Taylor refrained from criticizing the action while calling on taxpayers to foot the legal bills for Roberts-Smith or other soldiers similarly accused.
Others were more reticent. A spokesman for billionaire Stokes, who stepped down as chairman of Seven West Media in February, said the businessman would not comment while the matter was before the courts. Billionaire Clive Palmer also declined to speak for the same reason.
Stokes had previously funded Roberts-Smith’s libel case against him. Age And Sydney Morning Heraldbut he had no objections and was highly critical of the mastheads’ coverage of the soldier’s alleged war crimes.
Roberts-Smith’s character witness, former opposition leader, defense minister and War Memorial chairman Brendan Nelson, has not made a public statement and did not respond to calls.
Former prime minister John Howard walked a delicate line, stating that the arrest of the most decorated Australian soldier alive would “break the hearts of millions of Australians”.
“For some Australians, Roberts-Smith is the modern personification of the great Anzac tradition. This tradition has been embraced by our fellow Australians more than any other in our proud history,” Howard said.
The former prime minister said it had been a great privilege for him to meet so many Australian servicemen and women who upheld fundamental values, including the rule of law, and that “their welfare remains in my prayers”.
“This is a difficult issue for many as it tests the limits not only of our respect for Australian values, but also of the deep and special respect we have for those who risk their lives to keep us safe.”
Roberts-Smith had hired new lawyers, not including the high-profile Silk Arthur Moses, SC.
Perceived conflicts of interest due to existing legal roles could prevent Musa from representing the decorated veteran in the criminal case, said legal sources who could not discuss the matter publicly.
Moses is the Deputy Inspector General of the Australian Defense Force, reporting to Inspector General James Gaynor, who is tasked with overseeing the quality and fairness of the military justice system.
One of the previous inspectors general was Paul Brereton. The report found evidence of 39 murders Killings of civilians and prisoners by Australian troops.
Another potential conflict of interest is that Musa regularly appears before the Commissioner of the Australian Federal Police on matters relating to the proceeds of crime. The lawyer declined to comment.
Attorney Jordan Portokalli, a senior partner at Hugo Law Group, represented the former soldier in court Wednesday.
Lawyer Monica Allen of BlackBay Lawyers is still representing Ben Roberts-Smith in his defamation appeals and has been ordered to pay the imprint’s legal costs.
Legal sources said Roberts-Smith’s defense team was led by Karen Espiner, the Perth-based founder and partner of Hugo Law Group. Espiner is married to lawyer Christian Porter, the former federal Liberal government attorney general. The lawyers did not respond to requests for comment.
Few groups feel the importance of the cause more than veterans, and there, too, opinions vary.
Soldier On, the veterans charity backed by Rinehart and others, said it respected the independence of Australia’s judicial system and would not comment specifically on the case.
“This is an individual legal matter. It does not reflect the service and sacrifice of the thousands of Australians who served with honor, courage and professionalism in Afghanistan, often at significant personal cost,” the charity said.
“We recognize that media coverage and the broader public debate can be deeply conflicting for many in the veterans community and their families. We are here to stand with you.”
The Australian Special Air Services Association said natural justice should prevail and accountability should be comprehensive, given that governments and senior military leaders were making decisions about soldiers in Afghanistan “well above the level of individual patrols”.
“The human cost of this process is enormous. Families have borne the brunt of uncertainty, public scrutiny and personal distress for many years,” said Bob Hunter, national president of the Australian SAS Association.
“If criminal liability is sought, then institutional, command and political accountability must also be fully brought to light. Justice that focuses solely on individuals at the tactical end while ignoring those who engineer, direct and sustain the conflict is incomplete and risks distorting the truth of what is happening.”
RSL Australia president Peter Tinley, who previously said he was deeply concerned that the legal process was taking too long, called for the case to continue its course without interference.
“Without doubt, the overwhelming majority of Australians who served in Afghanistan did so with honour, courage and at significant personal cost,” he said.
“For those associated with Special Forces, those involved in the trial and those who may be called to give evidence, RSL Australia is here for you.”
Perhaps one of Roberts-Smith’s least desirable endorsements came from a prominent neo-Nazi accused of harassing female politicians and leaders.
Outside court, Joel Thomas Davis, 31, who faces 10 charges of using the carriage service to threaten or offend, including targeting Wentworth MP Allegra Spending, refused to speak to reporters about his case.
Instead, “what kind of country judges war heroes?” he questioned the question.
“Release Ben Roberts-Smith” he shouted before walking off.
Read more Ben Roberts-Smith arrest:
Stephen Brook is a special correspondent for The Age and a CBD columnist for The Age and The Sydney Morning Herald. He was previously deputy editor of The Sunday Age. He is the former media editor of The Australian and spent six years working for The Guardian in London.Connect with: X or email.
