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. Hastie, who served alongside Roberts-Smith in Afghanistan, emphasized that while Roberts-Smith is entitled to the presumption of innocence, "none of us are above the law."
Evidence in Defamation Case
In 2022, Hastie gave evidence under subpoena in Roberts-Smith's defamation case against Nine newspapers. He told the federal court it was a "fairly well-established rumour" that Roberts-Smith had kicked an unarmed person off a cliff in Afghanistan. Hastie also testified that there was a "widespread view" within the SAS that Roberts-Smith was a bully, and he was no longer proud of a soldier he once held in high regard.
The court ruled in favor of the newspapers in June 2023, finding that Roberts-Smith had, on the balance of probabilities, committed war crimes in Afghanistan. Roberts-Smith was arrested at Sydney airport on Tuesday and faces five charges of "war crime – murder."
Hastie's Public Statement
Speaking with 2GB on Thursday, Hastie described the arrest as a "very sad and sobering day for the country and for many Australians." He stated, "I think Ben Roberts-Smith is entitled to the presumption of innocence. He's entitled to a fair trial, and that's why I'm very circumspect about making comment, because the last thing we want is for his trial to be prejudiced by political commentary."
In a broader message to veterans, Hastie acknowledged the challenges of combat operations in Afghanistan, noting that "things never go right, and we often had to make very difficult decisions in difficult circumstances." He added, "But we're all humans, we're all imperfect, and none of us are above the law."
Political and Public Reactions
Former Liberal Prime Minister John Howard echoed this sentiment in a statement, arguing that fundamental to the rule of law is that "no man or woman is above or beyond its reach." However, some supporters of Roberts-Smith, including family members, have harbored resentment toward Hastie, believing he contributed to Roberts-Smith's downfall.
Last year, Guardian Australia revealed that Roberts-Smith's mother had emailed Coalition MPs to warn that Hastie was "not fit" to lead the Liberal party. Hastie responded on Thursday, stating he doesn't have a problem or a relationship with Roberts-Smith and emphasized he was subpoenaed to give evidence.
Legislative Response
Independent MP Bob Katter announced he would introduce a bill when parliament returns next month to protect the identity of veterans charged with crimes related to war deployments. The legislation would also require such cases to be heard by a jury of combat soldiers using "wartime standards." Katter said, "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 for veterans and their families is available 24 hours a day from Open Arms on 1800 011 046 and Safe Zone Support on 1800 142 072. Hayat Line is a free and confidential crisis support line for Muslims on 1300 993 398.
