Ben Roberts-Smith entitled to presumption of innocence but ‘none of us are above the law’, Andrew Hastie says | Ben Roberts-Smith
Liberal MP Andrew Hastie said Ben Roberts-Smith was entitled to a presumption of innocence but “none of us are above the law” in his first public statement since Australia’s most decorated living soldier was charged with war crimes.
Hastie served alongside Roberts-Smith in Afghanistan and was among 21 Special Air Service (SAS) members who gave evidence in his libel case against Nine newspaper.
Appearing on newspaper subpoena, Hastie, then deputy defense secretary, told the federal court in 2022 that there was a “fairly well-established rumor” that Roberts-Smith had thrown an unarmed “PUC” (“person under control” in military parlance) off a cliff in Afghanistan.
Hastie also told the court there was a “widespread view” within the SAS that Roberts-Smith was a bully and that he was no longer “proud” of a soldier for whom he once had great respect.
The court ruled in favor of the newspapers in June 2023, finding that, on the balance of probabilities, Roberts-Smith had committed war crimes in Afghanistan.
The Liberal leader has not commented publicly since Roberts-Smith’s arrest at Sydney airport on Tuesday; Pauline Hanson and Bob Katter, among other Coalition MPs, publicly criticized his treatment and the process that resulted in five “war crimes – murder” charges.
Speaking to 2GB on Thursday, Hastie said the arrest was “a very sad and thought-provoking day for the country and for many Australians”.
“I think Roberts-Smith is entitled to the presumption of innocence. She is entitled to a fair trial and that’s why I’m very cautious about commenting, because the last thing we want is for her trial to be biased by political commentary,” he said.
In a broader message to veterans, Hastie said: “We all had a mission to serve our country, and 99% of us did our job with honor, and we did it in an incredibly frustrating war.
“Anyone who has been at the cutting edge of combat operations in Afghanistan knows that things never go their way and that we often have to make very difficult decisions in difficult circumstances. I have first-hand experience, too. But that doesn’t change the fact that we carry on this wonderful tradition of Anzac. I think one of the risks we’ve taken over time is that we’ve treated the Anzacs in the past as if they weren’t people,” he said.
“But we are all human, we are all flawed, and none of us are above the law.”
Former Liberal prime minister John Howard made a similar point in a statement on Wednesday night, arguing that the essence of the operation of the rule of law is that “no man or woman should be beyond or above its reach”.
Some of Roberts-Smith’s supporters, including family members, harbored resentment towards Hastie and believed he contributed to the Victoria Cross recipient’s downfall.
Last year Guardian Australia revealed Roberts-Smith’s mother emailed Coalition MPs to warn Hastie was “unfit” to lead the Liberal party as speculation swirled about her political ambitions.
On Thursday, Hastie said he had no issue or relationship with Roberts-Smith and emphasized that he had been subpoenaed to testify in the defamation case.
The comments came after Kennedy’s independent MP Katter announced he would introduce a bill when parliament meets next month to protect the identities of veterans accused of crimes related to war deployments.
The legislation also means that such cases are tried by a jury of combat soldiers who will try the defendants using “wartime standards.”
“I will stand behind Ben 100 per cent until he is proven guilty, just as I stand in solidarity with everyone who puts on a uniform and everyone who risks their lives to defend Australia,” Katter said.
Support is provided to veterans and their families 24 hours a day Open Arms at 1800 011 046 and Safe Zone Support From 1800 142 072. Lifeline A free and confidential crisis support line for Muslims on 1300 993 398
