War crimes investigators and the Australian Federal Police have been granted access to restricted documents related to Ben Roberts-Smith’s defamation case, as they continue their investigations into allegations of Australian soldiers breaking engagement rules in Afghanistan. The Office of the Special Investigator (OSI), the agency responsible for the war crimes investigations, will now have access to certain material on the sensitive court file.
Although Roberts-Smith did not oppose the application for access, he did not actively consent either. Federal Court Justice Robert Bromwich acknowledged Roberts-Smith’s neutral stance, given that he is the subject of an investigation. The material that investigators may access includes transcripts of closed-door proceedings from the defamation trial, as well as redacted outlines of evidence and documents tendered in closed court.
However, documents related to the Inspector-General of the Defence Force (IGADF) inquiry, which led to the establishment of the OSI, were excluded due to statutory immunities preventing their use in other proceedings. The OSI has revealed that it is currently conducting over 30 active investigations into alleged criminal offenses committed by members of the Australian Defence Force in Afghanistan between 2005 and 2016.
In a significant decision earlier this year, Justice Anthony Besanko dismissed Roberts-Smith’s defamation case against The Sydney Morning Herald and The Age, finding that the newspapers had proven, on the balance of probabilities, that Roberts-Smith was complicit in the murder of unarmed prisoners. Roberts-Smith has maintained his innocence and is appealing the decision.
FAQ
What is the Office of the Special Investigator (OSI)?
The OSI is the agency responsible for investigating war crimes allegations involving Australian soldiers in Afghanistan.
What documents will the investigators have access to?
The investigators will have access to certain materials from the court file of Ben Roberts-Smith’s defamation case, including transcripts of closed-door proceedings, redacted outlines of evidence, and documents tendered in closed court.
Why were some documents excluded from access?
Documents related to the Inspector-General of the Defence Force (IGADF) inquiry were excluded due to statutory immunities preventing their use in other proceedings.
How many active investigations is the OSI currently conducting?
The OSI is currently conducting over 30 active investigations into alleged criminal offenses committed by members of the Australian Defence Force in Afghanistan between 2005 and 2016.