‘National security’ secrets delay the trial of Ben Roberts-Smith after the former SAS soldier was accused of war crimes in Afghanistan
Court orders have been issued to protect classified material ahead of the trial of Ben Roberts-Smith, the decorated former Australian SAS soldier accused of war crimes in Afghanistan, with prosecutors warning of a "risk of prejudice to national security." Roberts-Smith, a Victoria Cross recipient, was arrested in April and charged with murdering or ordering the murders of five unarmed detainees during deployments in Afghanistan between 2009 and 2012. The classified nature of the alleged operations has already delayed the criminal proceedings, and further hold-ups remain possible as sensitive evidence is disclosed.
At a hearing at Sydney's Downing Centre Local Court, barrister Jennifer Single SC submitted applications for 206 court orders under the National Security Information Act, covering the disclosure, storage, protection, handling and destruction of classified evidence, which Judge Susan Horan deemed necessary despite their length. Prosecutor Julia Wang cautioned that accessing Australian Defence Force information or involving people without proper security clearance could cause additional delays, while Roberts-Smith's solicitor said he had agreed to the proposed handling arrangements. The court also relaxed his bail conditions to let him live long-term with family in Queensland, reporting twice weekly to a local police station. Roberts-Smith, who was absent from court, is accused of offences including machine-gunning a prisoner and ordering his son's execution, kicking a handcuffed man off a cliff before having him shot, and lining up and shooting prisoners in a corn field; he denies the charges and says he will use the trial to clear his name.
- Classified Afghanistan evidence delays Ben Roberts-Smith's war crimes trial
- Court approved 206 orders protecting sensitive national security material
- Roberts-Smith denies murder charges, bail conditions relaxed to Queensland
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Court orders have been made to protect classified evidence ahead of the criminal trial of Ben Roberts-Smith, once Australia's most celebrated living soldier and a recipient of the Victoria Cross for his service with the special forces. He was arrested in April and charged with murdering or ordering the murders of five unarmed detainees while deployed with the Australian SAS in Afghanistan between 2009 and 2012, in incidents that reportedly include a prisoner and his son, and men held in a cornfield.
Because the alleged crimes are linked to secret military operations, the case involves highly sensitive material, such as intelligence and defence records, that authorities say could damage national security if mishandled or made public. Special legal arrangements exist in Australia to allow such evidence to be used in court while keeping it protected, but managing this process is complex and has already slowed the case down.
The case is significant both because of Roberts-Smith's public profile and because it raises broader questions about the conduct of Australian forces during the Afghanistan war. It follows a separate, high-profile defamation case in which a court found, on the civil standard of proof, that he had committed unlawful killings, a finding he has disputed. The criminal trial would apply a higher standard of proof and could take years to reach, given the legal steps still required.