The leaking of information to the media ahead of the arrest of former soldier Ben Roberts-Smith has been referred to the National Anti-Corruption Commission (NACC).
The Office of the Special Investigator (OSI), which is investigating war crimes, and the Australian Federal Police (AFP), have jointly taken the matter to the corruption agency.
Mr Roberts-Smith’s arrest on multiple charges of the war crime of murder took place at Sydney Airport on April 7, as he landed on a flight from Brisbane.
Media officers from the Australian Federal Police filmed his arrest taking place, and later distributed that vision to media outlets.
Loading…
But during a Senate estimates hearing last night, officials from the OSI were questioned about how some media outlets came to be at the airport ahead of the arrest.
Nine News said it had reporters at the airport ahead of the plane’s arrival, and it broadcast images taken from inside the terminal.
OSI director-general Chris Moraitis told the estimates hearing he was alarmed that details of the planned arrest had spread.
Chris Moraitis says authorities believe there were leaks to media. (ABC News: Tamara Penniket)
He said officers noticed media around before the arrest took place.
“That’s a matter that concerns me, that media seems to have been privy to things,” he said.
“We’re taking steps to ascertain what happened there.”
Mr Moraitis said the matter was being taken to the anti-corruption commission.
“The AFP and I have written to the NACC about this, asking them to consider and provide information about that,” he said.
“We believe there was an unauthorised disclosure.
“It surprised me that that happened, because we’ve usually been pretty good at keeping a low profile.”
Ten war crimes investigations continuing
In earlier evidence, the OSI detailed its continuing work investigating war crimes committed by Australian soldiers abroad.
The OSI was established in early 2021 to investigate findings from the Afghanistan Inquiry, which found credible allegations of war crimes committed by Australian soldiers.
Mr Moraitis said of the 53 investigations it launched, 39 had been discontinued and 10 remained ongoing.
Two have proceeded to prosecution, with charges laid against Mr Roberts-Smith and former soldier Oliver Schulz.
Mr Moraitis said the OSI was working to resolve the remaining cases “soon”.
“Soon can mean anywhere from six months to a year and a half,” he said.
“We are actively pursuing those investigations with a view of coming to a conclusion either way, whether we refer matters to the DPP, or decide there is insufficient evidence.”
