Former Prime Minister John Howard and Liberal MP Andrew Hastie Emphasize Rule of Law Following Ben Roberts-Smith's Arrest
Former prime minister John Howard has declared that no Australian is above the law, a sentiment strongly echoed by senior Liberal MP Andrew Hastie, following the arrest of the country's most decorated living soldier, Ben Roberts-Smith. The 47-year-old former SAS corporal was charged on Tuesday with five counts of war crimes, stemming from investigations into alleged murders of Afghans during his deployment between 2009 and 2012.
Howard's Statement on the Presumption of Innocence and Anzac Tradition
In a detailed statement, Howard acknowledged that the arrest would deeply affect millions of Australians, tugging at their heartstrings. He emphasized that Roberts-Smith is entitled to the presumption of innocence, noting his status as the honoured holder of the Victoria Cross and a modern personification of the great Anzac tradition, which is held dear by the nation.
Howard paid tribute to the broader cohort of Australians who have served in the Defence Force, stating that the country has been fortunate to have so many individuals willing to devote their lives to defending its core values. He highlighted that one of these fundamental values is the rule of law, which requires a fair trial for any accused person. Howard stressed that no man or woman is above or beyond the reach of the law, describing this as a difficult issue that tests the limits of respect for Australian values and the reverence for those who risk their lives for safety.
Andrew Hastie's Response and Potential Role as Witness
Andrew Hastie, a former SAS member who served alongside Roberts-Smith, echoed Howard's remarks in an interview with 2GB on Thursday. He described the arrest as a very sad and sobering day for the country and many Australians, emphasizing that no one is above the law and that Roberts-Smith is entitled to the presumption of innocence and a fair trial.
In a statement, Hastie revealed that he may be subpoenaed as a witness in the upcoming trial, having previously been one of 21 SAS veterans subpoenaed in a defamation action brought by Roberts-Smith against Nine Media in 2022. As a qualified member of the SAS, he was present on an operational mission in 2012 that is now under examination by the Federal Court.
Hastie urged every Australian to respect the rule of law, the criminal justice system, and the accused's right to a presumption of innocence and a fair trial, stating he would not prejudice the trial by making further comments. He acknowledged that many veterans might feel a sense of loss and frustration, sharing from firsthand experience that soldiers often had to make difficult decisions in challenging circumstances.
Details of the Charges and Legal Proceedings
Roberts-Smith is accused of murdering unarmed civilians while deployed in Afghanistan between 2009 and 2012. It is alleged that three victims were shot by subordinate members of the Australian Defence Force, acting on the orders of and in the presence of Roberts-Smith. Following a hearing on Wednesday, he remained in custody and is scheduled to appear before the Downing Centre Local Court on April 17, where he can apply for bail.
This case highlights the complex interplay between military service, national pride, and legal accountability, as Australia grapples with ensuring justice while honouring its defence personnel.
