There are numerous active investigations into alleged criminal offences by members of the Australian Defence Force in Afghanistan.
War crimes investigators and the Australian Federal Police have been granted access to restricted documents on the court file in Ben Roberts-Smith’s failed defamation case amid active investigations into allegations Australian soldiers broke the rules of engagement in Afghanistan.
Bromwich said the former Special Air Service soldier’s “neutral stance” was understandable, and he was “not standing in the way of the order”.“No one knows where that’s going to end up. I think someone who’s facing at least the possibility of a further proceeding of some kind, I don’t want to say anything more than that, would justifiably take a neutral stance.”
Documents relating to an Inspector-General of the Defence Force inquiry, which examined allegations about the conduct of Australian soldiers in Afghanistan and led to the establishment of the OSI, were excluded on the basis they are subject to statutory immunities preventing their use in other proceedings.
Arthur Moses, SC, acting for Roberts-Smith, said the Commonwealth had previously sought “access to the entirety of the sensitive court file irrespective of whether it included material that was protected by ... immunities”.He said the Commonwealth later “changed course and confirmed that it would not seek certain documents”, including IGADF transcripts of evidence.
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