AFP launches probe into Ben Roberts-Smith as the Victoria Cross recipient denies allegations made in the media

Ben Roberts-Smith has denied all disturbing allegations made about him as the AFP launched a fresh investigation as a matter of ‘priority’.

Ben Roberts-Smith has denied a series of disturbing allegations, including that he buried a USB containing images of misconduct in his backyard, as Australian Federal Police confirmed they had launched a fresh investigation.

On Sunday, 60 Minutes and Nine newspapers published secretly-recorded audio of Mr Roberts-Smith vowing to “destroy” those levelling war crimes allegations against him, and lauding Seven boss Kerry Stokes for financing his legal battle.

Lawyer Mark O’Brien said allegations made about the Victoria Cross recipient and alleged war criminal were “entirely untrue”.

He issued a lengthy statement on behalf of Mr Roberts-Smith on Wednesday “given the continuing, sustained attacks”.

“The allegation that he ‘hid’ or failed to disclose material to the assistant inspector-general of the Australian Defence Force during the Afghanistan inquiry is false,” Mr O’Brien said.

“Mr Roberts-Smith fully co-operated with the Afghanistan inquiry.”

Allegations that Mr Roberts-Smith threatened a witness or potential witness for the inquiry to stop them giving evidence was also false, the lawyer said.

Mr Roberts-Smith further denied burying a USB in his backyard, with Mr O’Brien saying “this simply did not happen”.

The lawyer also rubbished the allegation that Mr Roberts-Smith’s former matrimonial home was raided by the AFP last year, or any other time, and that USBs were “covertly seized”.

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AFP deputy commissioner Ian McCartney says an investigation has been launched into Ben Roberts-Smith. Picture: NCA NewsWire/Gary Ramage

Earlier on Wednesday, AFP deputy commissioner of investigations Ian McCartney fronted a Senate estimates inquiry where he confirmed a new probe had been launched following the media reports.

“The AFP has opened an investigation into aspects of that reporting,” Mr McCartney said.

He was questioned over whether the AFP had possession of the USB but said he did not want to launch a “running commentary” over an ongoing case.

“What I can say (is) some of the allegations that have been raised are serious issues and it’s being treated as a priority by the AFP,” he said.

The USB reportedly contained images of soldiers misbehaving on military bases in Australia and Afghanistan as well as an image of a dead Afghan man with coins placed over his eyes.

“The AFP does have access to some material. Some of that material was actually … referred to the AFP by the journalist in question and also by his newspaper,” Mr McCartney said.

Mr O’Brien said no-one from the AFP had contacted Mr Roberts-Smith about their investigation.

“If they do, he will co-operate with any investigation, as he has always done,” Mr O’Brien said.

Mr McCartney confirmed the AFP had been made aware of the new information on March 25.

The matter was determined to be a sensitive investigation on March 29, the same day as the cabinet reshuffle.

He could not confirm whether former home affairs minister Peter Dutton or his successor Karen Andrews had been briefed on the meeting, saying whether to brief the minister was decided on a “case-by-case basis”.

The USB’s metadata suggested Mr Roberts-Smith had obtained, altered or transmitted the material after leaving the military, according to Nine newspapers.

Ben Roberts-Smith denies he hid photos of soldier misconduct in his backyard. Picture: SMG/The Age/60 Minutes

Mr Roberts-Smith’s defamation trial against Nine is scheduled to begin in the Federal Court on June 7.

During a pre-trial hearing on Wednesday, another lawyer for Mr Roberts-Smith accused Nine of an “abuse of process” for airing the USB allegations.

Arthur Moses said the USB issue raised a “very serious matter”, given the media outlets aired the allegations before filing them in court ahead of the defamation trial.

“They publish it and then come here and file evidence. That is an abuse,” Mr Moses told Federal Court Justice Anthony Besanko.

“If they want to run the case, they should do it properly.

“It is inappropriate - we’re eight weeks out from a trial - and anybody who reads the media or watched the program can see there’s a concerted effort by the (media) to be publishing material prejudicial to the applicant in the lead up to the trial rather than doing it the normal way by filing their evidence.”

Mr Moses said he would ask the outlets for a copy of the USB or subpoena it so it went into the court record and could be examined.

He said the outlets needed to explain how they came to rely upon it at this late stage without foreshadowing it to the court earlier.

Justice Besanko said Mr Moses could make an appropriate application to the court based on his concerns.

Mr O’Brien also said Nine’s conduct so close to the commencement of the trial was of “grave concern”.

“(It) appears to be either an attempt to intimidate Mr Roberts-Smith into discontinuing his defamation proceedings, or to punish him for bringing them,” Mr O’Brien said.

“It will neither intimidate nor deter him from proceeding with the trial and bringing the respondents ... to account.”