An ‘Operational Decision’ or a Media Stunt?

During Estimates in May, I questioned the AFP on their treatment of Ben Roberts-Smith.

While we welcome the investigation into media leaks, the AFP still refuses to explain the so-called ‘operational decision’ to arrest him on a Sydney tarmac in front of his two daughters, rather than in Brisbane.

After more than a decade and hundreds of millions of dollars spent investigating alleged war crimes, the AFP has not secured a single conviction. It’s hard to reconcile that extraordinary expenditure with an outcome that has delivered nothing but reputational damage and prolonged uncertainty for one of the nation’s most decorated soldiers.

The handling of this case raises serious questions about priorities, accountability, and whether such extraordinary resources have been justified by results.

This government needs to ask itself why it sends Australians to war if it then spends hundreds of millions tearing them down when they come home.

Transcript

CHAIR: I understand Senator Roberts has got a couple of follow-up questions from the statement. Senator Roberts.  

Senator ROBERTS: Thank you for your statement. It’s very clear and comprehensive. I’m very pleased to see that you’re going to investigate the source of the leak to the media, because it’s not fair that one of our most decorated warriors is being subjected to a trial by media. We can’t hold you responsible for that, so we’d like to see the results of the investigation. Thank you. Did you have a conversation or exchange emails with anyone—well, before I get onto that, midway through the second page, you say: The reason to arrest the individual in Sydney and not Brisbane was an operational decision … What do you mean by ‘operational decision’?  

Ms Barrett: It was based on operational factors. I said it was ‘an operational decision that was determined after discussing with relevant partners’.  

Senator ROBERTS: So an operational decision in terms of getting the assets in the right place to do the arrest?  

Ms Barrett: I’ll pass to Deputy Commissioner McCartney.  

Mr McCartney  : If you go to the front of the commissioner’s statement, she makes it fairly clear that we need to be careful with our language. This matter is before court, and we’re at risk, if we talk more about these issues—  

Senator ROBERTS: I respect that, yes.  

Mr McCartney : If we talk more about these issues and information is ventilated through this committee, we run the risk of potential impact on a fair trial. There were a range of operational matters, like the commissioner’s discussed, but, taking into account that balance and trying to be helpful to the committee, we’re going to err on the side of caution and say that these operational matters may be relevant to the court case so we’ll decline on answering that one.  

Ms Barrett: We’ve really tried to provide as much information as we can—  

Senator ROBERTS: And, as I said, it’s been comprehensive.  

Ms Barrett: in the statement, to be as helpful as we can. As I said at the outset, we understand that of course it’s of significant interest to the public, but we need to balance that with ensuring that there’s a fair trial.  

Senator ROBERTS: You’ve got safety to consider as well. Okay, now I understand what operational decision means. Did you have a conversation or exchange emails with anyone within the Commonwealth Director of Public Prosecutions about where you intended to affect the arrest?  

Ms Barrett: Are you asking me specifically or the AFP?  

Senator ROBERTS: The AFP.  

Ms Barrett: Again, I’ll pass to Deputy Commissioner McCartney.  

Mr McCartney : In the division of responsibilities, the role of the Director of Public Prosecutions is to prosecute charges and offences. Once those charges have been affected by operational agencies, such as the AFP, or as OSI did in this case—they were aware of the location being in New South Wales and Sydney. In terms of being aware of the exact location at the airport, I will take that one on notice and come back to you.  

Senator ROBERTS: This is my final question, Minister. The commissioner has clarified some misrepresentations in the media, which is appreciated. Perhaps you could clarify another comment in the media that so far your predecessor government, the Morrison government, and your government have spent, supposedly, $300 million or more on prosecuting these investigations. So far you’ve got two men charged, as I understand it, and no-one convicted.  

Ms Barrett: Sorry I missed that last bit.  

Senator ROBERTS: No-one has been convicted yet. I don’t think anyone’s gone to court yet, have they?  

Ms Barrett: There are two matters before court.  

Senator ROBERTS: Before the court, yes, but I don’t think they’ve actually started trying them. This is a question to the minister. Is this action to justify more funding?  

Senator Watt: Is what action to justify more funding?  

Senator ROBERTS: The arrest of Ben Roberts-Smith?  

Senator Watt: That’s a very big statement to make, Senator Roberts.  

Senator ROBERTS: I’m asking you to clarify this because the commissioner has done a very good job in clarifying media misrepresentation.  

Senator Watt: I’m not sure about you, Senator Roberts, but I and our government have full confidence in our police forces to make good decisions when they’re deciding who to charge and why. I’d be very concerned if you’re suggesting otherwise.  

Senator ROBERTS: I’m not suggesting the AFP.  

Senator Watt: We don’t interfere with the decisions of the AFP as to who they charge and for what. That is an independent decision, as it should be.  

Senator ROBERTS: Thank you, you’ve answered my question. I’ll just say again, Commissioner, thank you for your summary—excellent. Thanks, CHAIR, for your indulgence.  

CHAIR: Happy to serve, Senator Roberts.