‘We’ve let you all down’: Karl Stefanovic fears military personnel do not feel protected after public arrest of Ben Roberts-Smith
Karl Stefanovic has questioned how military personnel can be expected to feel protected following the public arrest of former SAS soldier Ben Roberts-Smith on war crime charges.
Today Show host Karl Stefanovic has questioned how Australians can be expected to feel protected while serving in the military following the public arrest of former SAS soldier Ben Roberts-Smith on war crime charges.
Mr Roberts-Smith was arrested at Sydney airport on Tuesday, with police later charging him with five counts of “war crime – murder” over alleged incidents in Afghanistan between 2009 and 2012. The charges are yet to be tested in court.
Speaking on his program, The Karl Stefanovic Show, Stefanovic raised concerns about how anyone will now join the SAS or any defence organisations knowing that the actions on field could lead criminal charges.
“I don’t know how anyone can now go and fight for us in the SAS or in any department of the defence force without the thought in the back of your mind that you’re not necessarily going to be protected,” he said.
“The actions of you one day in war may be something down the track that you have to account for in a civilian court of law.
Today Show host Karl Stefanovic discussed the public arrest of Ben Roberts-Smith with Military lawyer Glenn Kolomeitz and former SAS commander Mark Wales. Picture: YouTube/The Karl Stefanovic Show
“I just feel like, personally, that we’ve let you all down, I feel like not having the support there for you guys and what’s happened as a result… has let you guys down.”
Former SAS commander Mark Wales said the situation could influence recruitment decisions, with potential soldiers now having to risk actions in the field being forensically investigated years later.
“It could affect people’s calculation on what is worth joining as a military force,” Mr Wales said.
“Because if you feel like you’re gong to be asked to do something incredibly risky, like being asked to harm or kill people, and then have it gone over by a team of prosecuting lawyers… I wouldn’t even bother joining.”
Mr Wales said the same amount of money spent investigating alleged breaches of the Rules of Engagement, should be equal to money spent understanding how senior commanders kept stumbling through a war that was “unwinnable”.
“There are a lot of cases where solders are being investigated, and rightly so if there have been breaches of the rules of engagement,” he said.
“But I’d like to see an equivalent level of focus and money spent on understanding how senior commanders kept stumbling through a war that was, one, not working, and two, very unwinnable.
“I think it’s very lopsided and unfair.”
Ben Roberts-Smith arrested at Sydney Airport over alleged war crimes Picture: Australian Federal Police
Military lawyer Glenn Kolomeitz supported Mr Wales concerns, claiming the constantly changing Rules Of Engagement (ROE) were significantly impeding the soldier’s ability to do their jobs.
“The NATO rules of engagement were a sliding scale. They were constantly changing,” Mr Kolomeitz said.
He added that he had received calls from soldiers in Afghanistan seeking legal clarification during incidents that were occurring “potentially during a gunfight”.
“I had calls from the field saying ‘we’ve come across this, we know the ROE says this’… I’d be making a phone call to Kandahar while there’s guys in the field.
“That defies logic. That is not real-world wartime.
“A digger shouldn’t be in the field calling a lawyer, so he can get the lawyer to solve an incident potentially in the middle of a gunfight,” he added.
