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Australian Federal Police turned down an offer by former SAS soldier Ben Roberts-Smith to turn himself in over allegations of war crime-related murder because it was determined to be “unviable”, Australia’s top cop has revealed.
AFP Commissioner Krissy Barrett struck a defiant tone in a Senate estimates hearing on Thursday as backlash over Mr Roberts-Smith’s arrest continues to swirl.
“At its core, the AFP and the OSI (Office of the Special Investigator) have made principled and legally sound decisions during this investigation, consistent with legislation and governance,” she said.
“We take an oath that we will faithfully and diligently carry out our duties without fear or favour, without affection or ill will.
“This is an extremely important point the Australian public can know.
“The AFP will determine cases on the evidence in front of us, and not because of name, fame, or background of any individual.”
Ms Barrett was to face questions from Liberal Senator Michaelia Cash, who has sought to question officials over the handling of Mr Roberts-Smith’s case over days of Senate estimates hearings.
However, in a lengthy address, Ms Barrett outlined much of decision-making behind Mr Roberts-Smith’s arrest at Sydney Airport in April.
“A decision was made to arrest the individual at Sydney Domestic Airport for a number of operational reasons, including that airports are sterile environments, meaning people are screened. Plus, the area is contained, meaning it is safer to take action for our members and members of the public,” she said.
Ms Barrett also noted that investigators believed Mr Roberts-Smith had “no known fixed abode” and was planning to relocate overseas.
“The reason to arrest the individual in Sydney and not Brisbane was an operational decision that was determined after discussing with relevant partners,” she said.
“However, I will say the media speculation about why he was arrested in NSW over Queensland is inaccurate.
“We were aware the individual would be travelling with family. As such, members of OSI were deployed to the airport to assist with those family members.”
As for reports Mr Robert-Smith had offered to hand himself in, Ms Barrett said that option was “unviable”.
“For a range of reasons, including the seriousness of the charges, which are five counts of war crime murder and carry a maximum sentence of life imprisonment, this was determined to be an unviable option,” she said.
Ms Barrett said while there was no suggestion the AFP had provided information to reporters, it would be referred to the National Anti-Corruption Commissioner “out of an abundance of caution”.
“I want to be very clear and this is really important: if the date of the individual’s arrest or other sensitive information was disclosed to anyone in the media, this could be an unauthorised disclosure, and in my view, anyone who disclosed that information should face consequences,” she said.
Mr Roberts-Smith was granted strict conditional bail earlier this year, and has continuously denied any wrongdoing.
He has not entered any pleas and his matter remains before the court.
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