Ben Roberts-Smith arrest leaker should ‘face consequences’: AFP boss

AFP Commissioner Krissy Barrett says she is determined to find out who leaked details of the pending arrest of high-profile former soldier Ben Roberts-Smith at Sydney Airport last month, declaring the leaker should face consequences if identified.

Barrett defended the AFP’s handling of the arrest of Roberts-Smith on war crimes charges, saying it was in keeping with regular police practice.

Roberts-Smith had no known abode and the Office of the Special Investigator, an agency established to investigate alleged war crimes, had received information he was planning to move overseas, she said.

Commenting on the fact that media personnel were present at the airport for the arrest, Barrett told a Senate estimates hearing: “I am not just disappointed the media outlet that was there, but I am determined to find out how they knew of the arrest.

“I have no evidence to suggest the AFP provided information to the media about the date or the details of the arrest, but out of an abundance of caution, the matter has been referred by the AFP and the [Office of the Special Investigator] to the National Anti-Corruption Commission.

Barrett continued: “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.”

Barrett said the decision to arrest Roberts-Smith at Sydney Airport was made “for a number of operational reasons, including 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”.

Barrett said there had been “inaccurate” media speculation about why Roberts-Smith was arrested in Sydney rather than Brisbane.

“It is not uncommon for the AFP to arrest individuals at airports. 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.

Roberts-Smith is accused of murdering unarmed civilians during his service with the Australian SAS in Afghanistan.

He faces a maximum penalty of life imprisonment for each charge. The former SAS corporal has rejected the charges, saying “I categorically deny all of these allegations”.

The Office of the Special Investigator, which investigated alleged war crimes, this week said it had asked the National Anti-Corruption Commission to investigate how media appeared to know in advance about the Victoria Cross winner’s arrest.

Director-general Chris Moraitis said he was surprised details appeared to become public before the arrest and confirmed the NACC had not yet responded.

Barrett said the AFP and OSI had “made principled and legally sound decisions during this investigation, consistent with legislation and governance. We take an oath that we will faithfully and diligently carry out our duties without fear or favour, without affection or ill will.

“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, and that is the right thing to do,” she said.

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