The federal government's special investigator for war crimes allegations and the Australian Federal Police (AFP) have asked the National Anti-Corruption Commission (Nacc) to investigate media leaks surrounding the arrest of Ben Roberts-Smith. The Victoria Cross recipient was arrested at Sydney airport on 7 April on five charges of war crime murder related to his service in Afghanistan.
Chris Moraitis, director-general of the Office of the Special Investigator, told Senate estimates on Tuesday night he was surprised journalists had prior knowledge of the arrest. He confirmed that his office and the AFP had written to the Nacc about the matter, citing concerns over unauthorised disclosures.
Under questioning by Liberal senator Dave Sharma, Moraitis said his office was aware of journalists present on the morning of the arrest. “It surprised me that that would happen, because we’ve usually been pretty good on keeping a low profile,” he said.
The five charges against Roberts-Smith relate to three incidents during his deployments with the SAS to Afghanistan. The former SAS corporal has vehemently denied the allegations, stating: “I categorically deny all of these allegations.”
Moraitis also revealed that his office had informed the attorney general's office of the impending arrest but had not disclosed operational details such as the location. The AFP had distributed video of Roberts-Smith being taken from a plane on the tarmac, prompting political debate.
