Gina Rinehart Not Funding Ben Roberts-Smith's War Crimes Defence
A source close to accused war criminal Ben Roberts-Smith has confirmed that billionaire mining magnate Gina Rinehart is not funding his multimillion-dollar legal defence. Despite her long-standing support for the Victoria Cross recipient, it will be taxpayers who foot the enormous bill for both the defence and prosecution in this high-profile case.
Taxpayers to Cover Legal Costs Through Government Scheme
The Daily Mail reveals that Roberts-Smith's legal costs will be met by the commonwealth-funded Afghanistan Inquiry Legal Assistance Scheme (AILAS). This scheme is designed to provide financial support for individuals involved in war crimes investigations related to Afghanistan. Roberts-Smith faces five counts of 'war crime - murder' allegedly committed between 2009 and 2012 while serving with the Special Air Service Regiment.
Rumours about Rinehart's involvement have been firmly denied. A source close to the former SAS corporal stated, 'Rumours that Mr Roberts-Smith's criminal defence is being funded by Gina Rinehart are untrue.' This clarification comes after Nine newspapers suggested such funding, leading to subpoenas that were ultimately withdrawn due to lack of evidence.
Background and Previous Legal Battles
Roberts-Smith's legal troubles stem from a series of 2018 reports by Nine newspapers, which first accused him of war crimes. He launched an unsuccessful Federal Court defamation action against Nine, funded by Perth billionaire Kerry Stokes. After losing that case and an appeal, Roberts-Smith now faces criminal charges that could result in life imprisonment if convicted.
The criminal case is expected to drag on for years, with estimates suggesting the final bill for both sides will likely be 'many millions' of dollars. This adds to the over $318 million allocated by the federal government over the past decade to investigate war crimes allegedly committed by Australian soldiers in Afghanistan.
Investigation Details and Other Cases
The investigation into Roberts-Smith is part of a broader probe following the damning Brereton Inquiry report in November 2020. Justice Paul Brereton found 'credible information' that 25 Australian special forces personnel were responsible for 39 unlawful killings in Afghanistan, along with cover-ups and misconduct. Since then, the Australian Federal Police and the Office of the Special Investigator have commenced 53 investigations, with 10 still ongoing.
One such case involves former SAS member Oliver Schulz, charged with murdering an Afghan man in 2012. Like Roberts-Smith, Schulz is having his legal costs covered by AILAS. The source close to Roberts-Smith emphasised that taxpayers will fund both sides of these cases as proceedings move forward.
Arrest and Current Status
Roberts-Smith was arrested on April 7 and has been held at the Metropolitan Remand and Reception Centre in Silverwater, Sydney. His arrest occurred in front of his twin 15-year-old daughters and partner Sarah Matulin at Sydney Airport, despite previous offers to present himself to police if charged.
Gina Rinehart, executive chairwoman of Hancock Prospecting, criticised the arrest and the investigation costs, questioning why over $300 million was spent on prosecuting veterans instead of strengthening national security. However, she is not involved in funding his defence.
Charges and Allegations
Roberts-Smith is accused under the Commonwealth Criminal Code of multiple murders, including shooting an unarmed Afghan, murdering another with an SAS comrade, and ordering the execution of three more. Each charge carries a maximum penalty of life in prison, and Roberts-Smith has consistently denied any unlawful killings.
Court documents detail the alleged victims, some of whom are only identified by pseudonyms. For example, one victim is described as 'Person Under Control 1', while others include Mohammed Essa and Ali Jan. The charges specify that all alleged victims were 'not taking an active part in hostilities' when killed.
Complexities of the Prosecution
Ross Barnett, director of investigations at the Office of the Special Investigator, highlighted the challenges in prosecuting these war crimes. He noted that investigators cannot access Afghanistan, making it impossible to gather typical crime scene evidence like photographs, site plans, or post-mortem reports. This complexity adds to the length and cost of the proceedings.
Roberts-Smith, who holds a Victoria Cross and a Medal for Gallantry, will apply for bail at Downing Centre Local Court. His legal team includes solicitor Karen Espiner, who also represents Oliver Schulz, along with barristers James Godbolt and Slade Howell.
