The Public Arrest Spectacle: Who Really Made the Call?

During the June Estimates, I questioned the Australian Federal Police (AFP) regarding the high-profile public arrest of Ben Roberts-Smith at Sydney Airport.

Both Minister Watt and AFP Commissioner Krissy Barrett claimed that most of my questions had already been comprehensively covered during earlier questioning by Senator Cash. I accepted this at the time and agreed to review the Hansard.

However, the one specific question I wanted answered, which I’m certain was not addressed during Senator Cash’s session, was whether the AFP specifically discussed the location of the arrest with the Commonwealth Director of Public Prosecutions.

Instead of providing a direct answer, Commissioner Barrett deflected, citing operational decisions and general stakeholder engagement.

Having since reviewed the “comprehensive” answers provided to Senator Cash, I strongly disagree that my question was covered. I will pursue this matter at the next opportunity.

Transcript

Senator ROBERTS: Did you have a conversation with anyone within the Commonwealth Director of Public Prosecutions about where you intended to effect the arrest before you arrested him?  

Ms Barrett: I referred to that in my statement as well, in relation to why and the reasons.  

Senator ROBERTS: You had a conversation with the Commonwealth Director of Public Prosecutions?  

Ms Barrett: In relation to what specifically?  

Senator ROBERTS: Where you intended to effect the arrest.  

Ms Barrett: Those matters are operational matters that were operational decisions.  

Senator ROBERTS: Did you have a conversation with the Commonwealth Director of Public Prosecutions before arresting Mr Roberts-Smith?  

Ms Barrett: In my statement, I referred to us engaging with stakeholders in relation to that.  

Senator ROBERTS: Did you have a conversation with the Commonwealth Director of Public Prosecutions about the location in which to arrest Mr Roberts-Smith—yes or no?  

CHAIR: The commissioner has responded to your question.  

Senator ROBERTS: She hasn’t answered my question.  

CHAIR: The commissioner has responded to your question. If you’ve got another question you want to ask, please ask it.  

Senator ROBERTS: I think it might be better for the commissioner to answer.  

CHAIR: The commissioner has responded to your question.  

Senator Watt: Maybe a good way forward—if you take a couple of minutes to read that statement, I think you’ll find that many of your questions have been addressed.  

Senator ROBERTS: This one clearly has not been.  

Senator Watt: Just in the interests of time: Senator Cash ended up finding that all the questions she was going to ask were addressed in the statement. If there are questions you have that haven’t been addressed already, I’m sure the commissioner would be happy to answer them.