VC winner Ben Roberts-Smith among subjects of defence investigation

Victoria Cross recipient Ben Roberts-Smith is one of a small number of soldiers subject to investigation by a quasi-judicial inquiry looking into the actions of Australian special forces soldiers in Afghanistan.

The inquiry by the Inspector-General of the Australian Defence Force (IGADF) has taken sworn testimony from several serving and former Special Air Service Regiment (SAS) soldiers who allege that the nation’s most decorated and famous soldier engaged in misconduct, ranging from relatively minor breaches of defence force policy to more serious allegations involving breaches of the laws of armed conflict.

The inquiry, which was launched in 2016 to investigate “rumours of possible breaches of the Laws of Armed Conflict by members of the Australian Defence Force in Afghanistan, between 2005 and 2016” is yet to make any conclusive findings.

The laws govern how soldiers must conduct themselves during conflict and have been shaped by international law, including the Geneva Conventions. Australian soldiers must also operate within the rules of engagement, which dictate when they may use force.

In October last year, Mr Roberts-Smith, who became the face of Australia’s mission in Afghanistan, lambasted the Inspector-General for chasing “rumours”. Last year, Mr Roberts-Smith also denied any wrongdoing, having stated publicly that his record in Afghanistan is “spotless.”

He has declined to answer a series of detailed questions sent to him by Fairfax Media on Monday.

Mr Roberts-Smith is one of several special forces soldiers being probed by the Inspector-General’s inquiry, which is led by NSW Supreme Court Justice, Major-General Paul Brereton.

Special forces soldiers are being probed over a wide range of issues. Two-hundred witnesses so far have been summoned to give evidence or provide documents and imagery to the Inspector-General.

The directions given to these defence personnel by the inquiry, according to Fairfax Media's sources, has made it clear that Mr Roberts-Smith is one subject of the inquiry for his activities in Afghanistan in 2009 and his interaction with subordinate soldiers. The inquiry has also sought extensive information about other soldiers.

While the inquiry is meant to be conducted behind closed doors, the issuing of instructions to witnesses down the chain of command means that multiple defence force employees often discover which witnesses have been grilled. Key witnesses have been conspicuously pulled out of training exercises to appear.

Ben Roberts-Smith and his portrait at the Australian War Memorial in Canberra.Credit: Jay Cronan

Evidence gathered by Fairfax Media, including testimony of many SAS serving and former soldiers, supports these soldiers’ belief that there are sufficient grounds beyond rumour to investigate Mr Roberts-Smith. Accumulated evidence indicates at least four other soldiers from both SAS and the Commandos are also under investigation, along with a broad range of contentious incidents.

Many of the SAS members who are supporting the inquiry and encouraging others to do so have served multiple deployments in Afghanistan and been decorated for their service.

Defence sources have said that within the tightly-knit special forces’ ranks, the question of loyalty to the regiment versus loyalty to individuals is being tested as decorated veterans speak out against one another.

Some SAS sources said that however ugly the truth, the integrity of the regiment must be preserved and that speaking out against those who sully it is both worthy and brave. A competing view inside the special forces’ community is that accusing colleagues who have had your back is not done and there is no such thing as certainty on the battlefield.

Mr Roberts-Smith has previously stated that he has not been questioned by the inquiry. He is strongly backed by several soldiers he served with in Afghanistan, including his former patrol commander, who has insisted to colleagues that Mr Roberts-Smith is innocent of wrongdoing. The former sergeant has told colleagues the Brereton investigation has “nothing” and is a waste of time.

Then Defence Force chief Angus Houston salutes Victoria Cross recipient Ben Roberts-Smith in 2011.Credit: Defence Force/CPL

Mr Roberts-Smith, 39, is the most decorated soldier in the Commonwealth. He has received a Victoria Cross, Medal for Gallantry and Commendation for Distinguished Service.

Mr Roberts-Smith is a senior executive at Channel Seven. He is also a mental health advocate who advises the Prime Minister on veterans’ mental health and has been acknowledged as Australian father of the year.

The Brereton inquiry was commissioned by the Australian Defence Force after separate “scoping” investigations uncovered unverified allegations against the Commandos and SAS, the main force elements of Australia’s Special Operations Task Group.

The Brereton inquiry draws its power from the Defence Force Act and is able to summon witnesses to testify. Witnesses cannot refuse to answer questions.

The inquiry is a fact-finding mission and operates like a royal commission. Justice Brereton’s inquiry is likely to be handed to Defence Minister Marise Payne and Defence chief Angus Campbell later this year. They will then decide what findings can be published. Those who are to be the subject of adverse findings are permitted to make submissions contesting them.

The inquiry can also recommend that other agencies, such as the Defence Investigation Service, conduct their own investigation.

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