Military hero Ben Roberts-Smith denies AFP war crimes move

Ben Roberts-Smith has ­denied reports the AFP has referred him to prosecutors to face possible war crimes charges.

Victoria Cross recipient Ben Roberts-Smith. Picture: Toby Zerna

Australia’s most decorated war hero, Ben Roberts-Smith, has ­denied reports that the Australia Federal Police has referred him to prosecutors to face possible war crimes charges over his conduct while an SAS trooper during the war in Afghanistan.

In a day of confusing developments, The Australian has been told that a brief of evidence has been sent to the Commonwealth Director of Public Prosecutions, bringing the 18-month criminal probe into Mr Roberts-Smith one step nearer to conclusion.

Mr Roberts-Smith issued a statement on Thursday rubbishing reports in The Sydney Morning Herald and The Age newspapers that police had referred­ him to the CDPP for possible charges.

He said his lawyers had received­ assurances from police that the report was false.

The former SASR operator and Victoria Cross recipient accused­ the newspapers, which he is suing for defamation, of acting­ with malice and demanded that they withdraw the claim.

“Lawyers acting for Ben ­Roberts-Smith have (on Thursday) received confirmation from AFP investigators that no brief of evidence has been submitted by federal agents to the (CDPP) and there is still an investigation that is still ongoing,’’ the statement read.

“It is very troubling that yet again Nine has published untrue allegations from unnamed sources about me.

“I have consistently maintained my innocence to any such allegations. I have co-operated and provided assistance to both the AFP and the (Inspector-­General of the Australian Defence­ Force) in relation to their ongoing investigations.

“I will continue to do so.’’

The Australian has been told, however, that police did recently furnish prosecutors with a brief of evidence. It related to the alleged murder of Afghan man Ali Jan, who was killed on September 11, 2012, during an SAS operation in the village of Darwan.

Mr Roberts-Smith has vehemently denied any wrongdoing, saying Ali Jan was a Taliban insurgen­t killed during a lawful engagement with the enemy.

The contradictory claims were the latest chapter in a legal battle between Mr Roberts-Smith and Nine Entertainment, which now owns The SMH and The Age.

The AFP declined to comment on the confusion. “Consistent with our usual approach to protecting the integrity of ongoing investigations, we do not disclose specific details,’’ the AFP spokeswoman said. The CDPP also refuse­d to clarify the situation.

The Australian has been told that even though a brief of evidence has been given to the CDPP, detectives are still investigating the alleged incident. It does not mean Mr Roberts-Smith will be charged.