A Northern Territory MP and former commando has warned his colleagues in federal parliament against speaking out about the arrest of Victoria Cross recipient and accused war criminal Ben Roberts-Smith, saying their commentary could risk jeopardising a fair trial.
Mr Roberts-Smith is in custody in New South Wales’ Silverwater Correctional Complex after his high-profile arrest by the Australian Federal Police (AFP) last week.
The highly decorated 47-year-old former soldier has since been charged with five counts of the war crime of murder.
Solomon MP and veteran Luke Gosling, who served in the Australian Army between 1990 and 2001, is also the federal Labor government’s Special Envoy for Defence and Veterans’ Affairs.
Luke Gosling has asked all his federal colleagues to refrain from publicly commenting on the high-profile case. (ABC News: Anzaya Karim)
In an email sent today to all federal MPs, seen by the ABC, Mr Gosling said he was sending a “quick confidential note to provide some perspective on the allegations of war crimes against a high-profile veteran that will be tested in court”.
“A number of politicians, ex-pollies and veterans are coming out in support of someone who has been awarded our highest medals for individual bravery and they are doing so for a multitude of reasons and motivations,” he said.
Inside Ben Roberts-Smith’s prosecution
“There are also many other veterans who are quietly watching proceedings, including some who were witness to events and have been significantly and very negatively impacted.
“In particular, there are former SAS troopers that have extreme moral injury and distress over what they believe to be clear war crimes in Afghanistan that they believe were covered up. Some of these veterans will testify in court.
“The point is that we need a fair trial to resolve matters for all who have been impacted and there is a long way to go … can I just discourage everyone from joining the public commentary about the accused in any way, shape or form.
“It is not appropriate for MPs to comment on a serious criminal trial which will be before a jury.”
Message sent following various public statements
Over the past week, statements have been made about Mr Roberts-Smith’s arrest by high-profile former politicians, including ex-prime minister Tony Abbott and sitting senators including One Nation leader Pauline Hanson.
Luke Gosling says public commentary on the case is “causing distress in the broader veteran community”. (AAP: Dave Hunt)
Mr Gosling also wrote that the complexities of the situation “has divided the former serving SAS community and is causing distress in the broader veteran community”.
“Particularly for those that have been impacted by their own service and as always this is also impacting their families,” he wrote.
Mr Gosling isn’t the first veteran in parliament to try and dissuade commentary over the ongoing case.
On April 9, Shadow Minister for Industry, Andrew Hastie, a former SAS veteran of the war in Afghanistan, released a statement on the matter, in which he said there was a possibility he would be called as a witness in Mr Roberts-Smith’s trial.
Andrew Hastie has also warned against politicians commenting on the case. (ABC News: David Sciasci)
“I urge 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,” he said.
“Therefore, I will not prejudice this trial by making any further comment.”
Mr Roberts-Smith is next expected to face a bail review hearing in Sydney on April 17.