The Coalition has used the fast-tracked prosecution of former Victoria Cross recipient Ben Roberts-Smith to suggest authorities may have rushed the final stages of prosecuting the veteran.
The The Office of Special Investigation was established in 2020 under the Morrison government to investigate alleged war crimes, leading to Roberts-Smith’s arrest last month. The charges have sparked a political debate over the legitimacy of prosecuting a man once considered a war hero, which the populist One Nation party has portrayed as an attack on those who defend Australia.
On Monday, it was revealed in a Senate estimates hearing that Attorney General Michelle Rowland accepted the charges within two days of receiving a brief of evidence. Under the law, such prosecutions can only proceed with the approval of the chief legal officer, the attorney general, who sits in the cabinet of the Albanian government.
Rowland’s consent is considered a formality as he is led by prosecutors who over the years built what they believed to be a credible case.
Officials from Rowland’s department said they received a request for prosecution and a brief from the Commonwealth Director of Public Prosecutions on March 30. The brief was sent to Rowland, who gave his consent on April 1. Roberts-Smith was arrested in Sydney on April 7.
“Why so fast?” The union’s general counsel Michaelia Cash asked officials at Monday’s hearing.
The union has not criticized the prosecution in the same way as Pauline Hanson. Although some Union MPs have made statements about the need to honor the sacrifice of veterans, Opposition Leader Angus Taylor and senior MPs, including Cash, have claimed that the law must be allowed to run its course. Former prime minister John Howard has also backed calls to respect Australia’s judicial process.
Liberal MP Andrew Hastie, who served with Roberts-Smith in the task force, was one of 22 veterans called to testify in the defamation suit brought by Roberts-Smith against this luminary.
Sky News presenter Andrew Bolt launched a defense against Hastie on Monday night, saying he was the victim of a smear campaign by the media linked to media owner Kerry Stokes, who funded Roberts-Smith’s defamation case.
The jury found against Roberts-Smith in the civil case and determined, on the balance of probabilities, that he was involved in four unlawful killings. Prosecutors will need to prove beyond a reasonable doubt, the highest standard of proof, in an upcoming criminal trial.
Since 2020, OSI has been investigating allegations against veterans in Afghanistan. This masthead has previously reported that fog of war or second division decisions were quickly rejected by OSI. The OSI was chaired by Mark Weinberg, KC, the chief justice best known for being the only judge to challenge George Pell’s original appeal against convictions for sexually abusing his children. The fog of war does not cover any of the five war crimes charges Roberts-Smith faces. masthead has reported.
Luke Muffett, assistant secretary at the Attorney General’s Department, said Rowland could drop the charges at any time.
“If the lawyer had not given consent, the trial would not have started,” he told the committee.
Muffett confirmed that the charges were filed in a “very difficult time frame” but said he needed to be careful how he spoke about the purpose of the time frame, citing operational issues.
“We were able to consider the information … and provide that to the attorney general in that time,” he said.
A spokeswoman for the Attorney General, Michelle Rowland, said, “As each of these matters is before the Court, it is not appropriate to comment further.”
The union compared the short change to what it said was a three-week period to consider whether to do so charges of bringing back ISIS brides and crimes against humanity. However, it is not clear what factors led to the different times, or whether the difference was an indication of reluctance to accuse ISIS of supporting slavery charges.
Federal authorities eventually filed charges soon after the return of the ISIS families. The government later clarified that Rowland received a briefing on ISIS brides four days before signing it, two of which were on weekends.
The explanation for the speed may be OSI’s fear that the veteran told his family that he intended to travel abroad to Singapore for business reasons. OSI disclosed this information in a bond hearing last month.
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Paul Sakkal is a Senior Political Writer. He previously covered Victorian politics and won the Walkley Award and the 2025 Press Gallery Journalist of the Year. Contact him safely on Signal @paulsakkal.14.Connect through X or email address.
