Liberal MP Andrew Hastie has made his first public comments since Ben Roberts-Smith, Australia's most decorated living soldier, was charged with war crimes. Hastie, who served alongside Roberts-Smith in Afghanistan, stated that Roberts-Smith is entitled to the presumption of innocence but emphasised that 'none of us are above the law'.
Hastie was among 21 Special Air Service (SAS) members who gave evidence in the defamation case Roberts-Smith brought against Nine newspapers. In 2022, Hastie told the federal court it was a 'fairly well-established rumour' that Roberts-Smith had kicked an unarmed person off a cliff in Afghanistan. He also noted a 'widespread view' within the SAS that Roberts-Smith was a bully.
The court ruled in favour of the newspapers in June 2023, finding that Roberts-Smith had, on the balance of probabilities, committed war crimes. Roberts-Smith was arrested at Sydney airport on Tuesday and faces five charges of 'war crime – murder'.
Speaking on 2GB, Hastie described the arrest as a 'very sad and sobering day for the country'. He urged that Roberts-Smith's trial not be prejudiced by political commentary. Hastie also addressed veterans, acknowledging the difficult decisions made in combat but stressing that 'none of us are above the law'.
Some supporters of Roberts-Smith, including his mother, have expressed resentment toward Hastie, believing he contributed to Roberts-Smith's downfall. Hastie reiterated that he was subpoenaed to give evidence and has no personal problem with Roberts-Smith.
Meanwhile, independent MP Bob Katter announced plans to introduce a bill to protect the identity of veterans charged with war-related crimes and to have such cases heard by juries of combat soldiers. Katter said he would stand behind Roberts-Smith until proven guilty.
