Andrew Hastie Breaks Silence on Ben Roberts-Smith War Crimes Charges
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, stating that while Roberts-Smith is entitled to the presumption of innocence, "none of us are above the law." Hastie, who served alongside Roberts-Smith in Afghanistan, gave evidence in the defamation case Roberts-Smith brought against Nine newspapers in 2022.
Court Testimony and Defamation Case
In 2022, under subpoena by the newspapers, Hastie—then the assistant defence minister—told the federal court it was a "fairly well-established rumour" that Roberts-Smith had kicked an unarmed person, referred to as a "person under control" in military terms, off a cliff in Afghanistan. Hastie also testified that there was a "widespread view" within the Special Air Service (SAS) that Roberts-Smith was a bully, and he expressed that he was no longer "proud" of a soldier he once held in high regard.
The court ruled in favour of the newspapers in June 2023, finding that Roberts-Smith had, on the balance of probabilities, committed war crimes in Afghanistan. This ruling preceded Roberts-Smith's arrest at Sydney airport on Tuesday, which led to five charges of "war crime – murder."
Hastie's Public Comments and Broader Message
Speaking with 2GB on Thursday, Hastie described the arrest as a "very sad and sobering day for the country and for many Australians." He emphasised that Roberts-Smith is entitled to a fair trial and the presumption of innocence, cautioning against political commentary that could prejudice the trial. Hastie highlighted his circumspect approach to avoid compromising the legal process.
In a broader message to veterans, Hastie reflected on the challenges of serving in Afghanistan, noting that 99% of personnel did their job with honour in a frustrating war. He acknowledged the difficult decisions made in combat but stressed the importance of upholding the Anzac tradition while recognising human imperfection. "We're all humans, we're all imperfect, and none of us are above the law," he stated, echoing sentiments similar to those expressed by former Prime Minister John Howard, who argued that no one is beyond the reach of the rule of law.
Political Reactions and Support for Roberts-Smith
Some supporters of Roberts-Smith, including family members, have harboured resentment toward Hastie, believing he contributed to the downfall of the Victoria Cross recipient. Last year, Guardian Australia revealed that Roberts-Smith's mother emailed Coalition MPs to warn that Hastie was "not fit" to lead the Liberal party amid speculation about his political aspirations. Hastie clarified on Thursday that he does not have a relationship with Roberts-Smith and emphasised he was subpoenaed to give evidence, implying no personal vendetta.
Meanwhile, other political figures have publicly criticised Roberts-Smith's treatment. Independent MP Bob Katter announced plans to introduce a bill next month to protect the identity of veterans charged with crimes related to war deployments and to have such cases judged by juries of combat soldiers using "wartime standards." Katter stated, "Until he is proven guilty, I will stand 100% behind Ben just as I stand in solidarity with any person who has worn the uniform."
Support Services and Conclusion
Support for veterans and their families remains available through services like Open Arms and Safe Zone Support, providing 24-hour assistance. The case continues to unfold, highlighting the complex interplay between military service, legal accountability, and public perception in Australia.
