Billionaire Tesla owner Elon Musk and prominent Australians have weighed in on the public arrest of decorated former Australian Special Air Service (SAS) soldier Ben Roberts-Smith.
Roberts-Smith was arrested by the Australian Federal Police (AFP) at Sydney Airport on April 7 and charged with five counts of war crime including murder.
Musk took to X to respond with a three-word post saying, “This sounds insane.”
What Are the Charges?
The AFP allege Roberts-Smith either killed or ordered the killing of unarmed civilians and detainees in Afghanistan between 2009 and 2012 while he served with the SAS.
It follows an investigative series by Nine Newspapers that revealed the allegations against the soldier.
Roberts-Smith sued the three newspaper outlets in 2018 for defamation. However, Federal Court Justice Anthony Besanko ruled in 2023 that the newspapers had established the substantial truth of the allegations.
In response to the latest charges, Roberts-Smith has denied all wrong-doing.
The 47-year-old was charged under section 268.70 (1) of the Criminal Code (Cth) and the maximum penalty for the offence is life in prison. He was refused bail.
Roberts-Smith is one of Australia’s most decorated soldiers, holding multiple awards including Victoria Cross for Australia (VC), Australia’s top military honour.
Roberts-Smith was deployed along with 39,000 Australians who joined the U.S.-led coalition in Afghanistan following the Sept. 11 attacks.
Gina Rinehart Questions Use of Taxpayer Funds
Australia’s richest person Gina Rinehart warned the case could undermine the morale of the Australian Defence Force (ADF).
“I don’t understand how it can be justified to spend more than AU$300 million to try for years to bring SAS veterans, who have served our country, towards criminal proceedings, and most recently the arrest of Ben,” she said in a statement.
“Have we lost sight of the fact that in our inadequately defended country, facing uncertain times, the morale of our defence force has already been brought to its lowest ebb since inception, our defence personnel numbers are inadequate, and recruitment is suffering.”
She argued that the $300 million of taxpayer funds and the time of 50 AFP officers would be better spent on other national security matters.
“Like many Australians, I hope that compassion and the Aussie spirit is extended to Ben and his family and his duty to our country in the hardship of war is never forgotten.”
Former PM Abbott Says Justice Delayed is Justice Denied
Former Prime Minister Tony Abbott questioned why the decision to prosecute took so long.
“If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?” Abbott wrote on X.
“The Brereton investigation commenced in 2016 and only concluded in 2020. The first war crime charge against a former special forces soldier was only laid in 2023 and three years later, this has still not been finalised.”
Abbott said several former SAS soldiers are still in limbo amid ongoing investigations.
RSL Backs Judicial System to Run its Course
RSL Australia said it had full confidence in the judicial system to handle the matter fairly.
“As the current case goes before the courts, it must be allowed it to run its course without interference,” said RSL National President Peter Tinley, in a statement on April 7.
Weeks earlier, Tinley also warned about the delays around investigations.
“That is not justice. That is limbo and it’s costing everyone: the accused and their families, the affected Afghan families who were promised accountability, and the 580,000 Australians who served this country honourably and now watch their service measured against unresolved allegations rather than the truth of what they gave.”
Albanese Prefers Not to Comment, Backs ADF
Prime Minister Anthony Albanese told reporters he had “no intention” of commenting on a matter before the courts, but offered broader support for the ADF.
“We should give thanks every day for the men and women who wear our uniform, who are prepared to make the ultimate sacrifice on behalf of our nation, to keep our Australian way of life going forward. That doesn’t change,” Albanese said on Sky News Australia.
While the left-wing Greens Senator David Shoebridge expressed support for the arrest with a one word post to X, “Good.”
In contrast, One Nation leader Pauline Hanson backed Roberts-Smith firmly.
“I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today.”
Nationals MP Backs Roberts-Smith
Nationals MP Michael McCormack, a former deputy prime minister, pointed out the case had broader implications for Australia’s military.
He highlighted out that only those who have served in war truly understand the pressures of combat, especially in Afghanistan. However, he did clarify it would be inappropriate to comment on the specifics given the matter is before the court.
“I will just say this: nobody who hasn’t worn a uniform, nobody who hasn’t been sent to war probably really understands what he has gone through, what he and his mates have gone through, and the complexities of war,” he said.
“He was sent to do a job, sent to serve his nation, called upon to do duty, as were others and the Afghanistan War—Australia’s longest conflict—was a war like no other.”
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