The federal government's special investigator for war crimes allegations and the Australian Federal Police (AFP) have asked the National Anti-Corruption Commission (NACC) to investigate media leaks regarding the arrest of Ben Roberts-Smith.
Roberts-Smith, a Victoria Cross recipient, was arrested at Sydney airport on 7 April and faces five charges of war crime murder over allegations he killed unarmed civilians while serving with the Australian SAS in Afghanistan. He has denied the charges.
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, which was conducted jointly with the AFP. The two organisations have referred possible unauthorised disclosures to the NACC and are awaiting a response.
Under questioning by Liberal senator Dave Sharma, Moraitis said 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 said.
The five charges against Roberts-Smith relate to three incidents during his deployments with the SAS to Afghanistan. The circumstances and location of the arrest have prompted political debate, with the AFP distributing video of the 47-year-old being taken from a plane on the tarmac.
Moraitis also confirmed that his office had informed the attorney general's office of the arrest date, but no operational details, such as the location, were disclosed ahead of time.
