
Former prime minister John Howard has issued a statement saying Australians will be shocked by the arrest of Ben Roberts-Smith. Photo: Lake Mac Libraries.
Former prime minister John Howard has bought into the debate over the arrest of Ben Roberts-Smith, saying that for some Australians, the Victoria Cross recipient is the current-day embodiment of Anzac.
Mr Howard urged a speedy and fair trial of the decorated former soldier and issued a statement late on Wednesday (8 April) stressing the presumption of innocence.
“The arrest of Ben Roberts-Smith will tug at the heartstrings of millions of Australians,” the former Liberal PM said.
“The most decorated Australian serviceman alive, he is the honoured holder of the treasured Victoria Cross.
“To some Australians, Roberts-Smith is the modern personification of the great Anzac tradition. That tradition is held dearer by our fellow Australians than any other in our proud history.
“Having been charged, Roberts-Smith is entitled to the presumption of innocence. Australians will expect that his trial is conducted according to the best traditions of our justice system and as expeditiously as possible.”
Mr Howard also praised members of the Australian Defence Force as impressive and committed Australians.
“Ben Roberts-Smith is better known than most amongst the countless thousands of men and women who have served in the Australian Defence Force,” he said.
“In the years that I was prime minister, it was my privilege to meet many of them; as a cohort of men and women, they were deeply impressive. Their welfare has remained in my prayers.
“Our nation has been fortunate in having the enduring commitment of so many who were willing to devote their lives to the defence of Australian values, usually in circumstances beyond both the comprehension and experience of Australians living in ordinary civilian life.
“One of those core values is the rule of law. This requires the fair trial of any accused person. Fundamental to the operation of the rule of law is that no man or woman is above or beyond its reach.
“This is a difficult issue for many, as it tests to the limits not only our respect for Australian values, but the deep and special reverence we have for those who put their lives on the line to keep us safe.”
Mr Roberts-Smith, 47, was arrested on Tuesday morning (7 April) at Sydney Airport.
He has been charged with five offences under the Criminal Code (Cth), being:
- The war crime of murder, in that he intentionally caused the death of a person, on or about 12 April 2009, at Kakarak, Uruzgan Province, Afghanistan
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April 2009, at Kakarak, Uruzgan Province, Afghanistan
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September 2012, at Darwan, Uruzgan Province, Afghanistan
- The war crime of murder, with another person, in that they intentionally caused the death of a person, on or about 20 October 2012, in Syahchow, Uruzgan Province, Afghanistan, and
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October 2012, at Syahchow, Uruzgan Province, Afghanistan.
The maximum penalty for the offence of ‘war crime – murder’ is life imprisonment. Mr Roberts-Smith has always denied the allegations against him.
The former Special Air Service soldier was invested with the Victoria Cross for Australia in January 2011 by then Governor-General Quentin Bryce.
The medal was awarded for his actions during the Battle of Tizak in Afghanistan on 11 June 2010.
Mr Howard was Prime Minister of Australia from 1996 to 2007.
The next Liberal Party prime minister to follow Mr Howard was Tony Abbott (after two Labor PMs), who took to social media following Mr Roberts-Smith’s arrest to say it was “wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life”.
“As prime minister during multiple deployments, and having spent time with our troops in war zones, I could not have asked for a more loyal and professional military, and my respect for their service is undiminished,” Mr Abbott posted on Facebook.
“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?
“After doing their best to serve our country, dozens of former special forces soldiers should not still be in limbo years later because of ongoing investigations that have only resulted in charges in two cases.”

Ben Roberts-Smith was arrested stepping off a flight from Brisbane to Sydney. Photo: Supplied/AFP and OSI.
One Nation leader Pauline Hanson went even further in condemning the arrest, telling social media the former soldier “was disgracefully arrested in front of his twin 15-year-old girls”.
Senator Hanson said she remained “steadfast” in her support of Roberts-Smith despite his arrest.
Prime Minister Anthony Albanese has so far refused to comment on the arrest.
Original Article published by Chris Johnson on Region Canberra.






