The Australian Federal Police and the Office of the Special Investigator for war crimes allegations have formally requested the National Anti-Corruption Commission investigate media leaks surrounding the arrest of Ben Roberts-Smith.
Arrest and Charges
Roberts-Smith, a Victoria Cross recipient, was arrested at Sydney Airport on 7 April. He faces five charges of war crime murder related to allegations that he killed unarmed civilians during his service with the Australian SAS in Afghanistan. The former SAS corporal has vehemently denied the charges, stating: "I categorically deny all of these allegations."
Surprise at Media Knowledge
Chris Moraitis, director-general of the Office of the Special Investigator, told Senate estimates on Tuesday night that he was surprised journalists had prior knowledge of the arrest. The arrest was conducted jointly with the federal police. Moraitis said: "It's a matter that concerns me. The media seem to have been privy to things, and therefore we're taking steps to ascertain what happened there."
Under questioning by Liberal Senator Dave Sharma, Moraitis confirmed that his office was aware of journalists present on the morning of the arrest. "I can say that the AFP and I have written to the Nacc about this, asking them to consider and to provide information about that … we believe there's been an unauthorised disclosure." He added: "It surprised me that that would happen, because we've usually been pretty good on keeping a low profile."
Nacc Yet to Respond
Moraitis noted that the National Anti-Corruption Commission has not yet responded to the request. The two organisations have referred possible unauthorised disclosures to the Nacc and are awaiting a response.
Details of Charges and Arrest
The five charges against Roberts-Smith relate to three incidents during his deployments with the SAS to Australia's two-decade mission in Afghanistan. The circumstances and location of the arrest have sparked political debate. The federal police released video footage of the 47-year-old being taken from a plane on the tarmac, accompanied by officers.
In separate questioning earlier in the hearing, Moraitis said his office had informed the attorney-general's office, led by Michelle Rowland, that the arrest was set to take place that day. However, no operational details, such as the location of the arrest, were disclosed to Rowland's office ahead of time.
