Corruption Watchdog to Investigate Why Media Present at Roberts-Smith Arrest

Australia’s federal anti-corruption body has been asked to look into why reporters were present during the public arrest of war veteran Ben Roberts-Smith.

Roberts-Smith, a former SAS soldier and Victoria Cross recipient, faces five war crime charges relating to the alleged murders of Afghan nationals during his service from 2009–12.

He is currently on bail and continues to deny the allegations.

During a Senate Estimates hearing on May 26, questions continued around the nature of Roberts-Smith’s arrest, which was carried out at Sydney Airport in front of his children and before awaiting media.

Roberts-Smith had previously offered to present himself at a police station if law enforcement wanted to take him in.

Liberal Senator Dave Sharma asked the head of the Office of the Special Investigator (OSI), “Why was the media there? How did they find out?”

The OSI is tasked with investigating war crimes allegedly carried out by the Australian Defence Force in Afghanistan.

In response, OSI Director General Chris Moraitis called it “a good question.”

“I think it’s a matter that concerns me,” he continued.

“The media seemed to be privy to things and therefore we’re taking steps to ascertain what happened there.

“We were aware of media being present because we saw media in the morning, around various places.”

Moraitis further said he was not aware of leaks from his own department’s media team, which includes two assistants.

“I can say, the [Australian Federal Police or AFP] and I have written to the NACC [National Anti-Corruption Commission] asking them to consider providing information about that … we believe there’s an unauthorised disclosure.

“It surprised me that happened, because we’ve usually been pretty good at keeping a low profile.”

Moraitis said it was the first time his department had to take such action.

Senators also pressed officials on the level of advance knowledge the government or attorney-general’s office had of the arrest.

South Australian Liberal Senator Leah Blyth asked, “Did the OSI, either through you or any other officer, including the Attorney General’s Department, brief the attorney-general or her office on the proposed arrest of Mr. Ben Roberts-Smith?”

Moraitis said communication with the attorney-general’s office was limited to a constrained notification shortly before the arrest became public, and did not extend to detailed planning or timing.

Liberal Senator Michaelia Cash had also queried the circumstances of Roberts-Smith’s arrest in a day earlier.