War crimes investigators have referred media leaks surrounding Ben Roberts-Smith's arrest to the National Anti-Corruption Commission after news crews were waiting inside Sydney Airport terminal to capture the former soldier's detention.
The AFP and Office of the Special Investigator want to know who tipped off the media. This adds another layer to Australia's reckoning with alleged war crimes in Afghanistan - and the corruption investigation into the leak could be as significant as the war crimes case itself.
The ABC reports that multiple media outlets had cameras positioned inside the terminal when Roberts-Smith's flight landed. That's not luck - it's a leak. Airport security restrictions mean media can't access terminals without specific information about arrivals.
Someone with knowledge of the arrest timing and location deliberately alerted news organizations. The question is who, and why.
Roberts-Smith, a former Special Air Service corporal and Australia's most decorated living soldier, was arrested on war crimes charges related to alleged unlawful killings in Afghanistan between 2009 and 2013. He's denied all allegations.
The charges follow years of investigation by the Office of the Special Investigator, which was established after the Brereton Report documented credible evidence of war crimes by Australian special forces. The report alleged 39 Afghan civilians and prisoners were unlawfully killed.
Roberts-Smith lost a defamation case against several newspapers in 2023 after a judge found allegations he committed war crimes in Afghanistan were substantially true. He's appealing that decision while facing criminal charges.
But the leak investigation reveals something else: someone wanted Roberts-Smith's arrest to be a public spectacle. Media waiting inside the terminal, cameras ready, capturing the moment a Victoria Cross recipient was taken into custody.
That's not standard procedure. High-profile arrests are usually coordinated to minimize media presence, particularly in sensitive cases involving national security or military matters. The AFP typically arranges discrete detention to avoid precisely this kind of circus.
So why did this arrest leak? Three possibilities: incompetence, malice, or political calculation.
Incompetence seems unlikely. The Office of the Special Investigator and AFP are experienced in handling sensitive operations. Operational security around war crimes investigations has been tight for years.
Malice is possible. Someone who believes Roberts-Smith should be held accountable might have leaked the arrest timing to ensure public visibility. Make it impossible to sweep under the rug.
Political calculation is the most concerning option. Someone in government or law enforcement may have wanted the public spectacle - either to demonstrate accountability for war crimes or to send a message to other soldiers under investigation.
The National Anti-Corruption Commission will investigate who leaked, how, and why. NACC has broad powers to compel testimony, access communications records, and investigate public officials.
If the leak came from within the Office of the Special Investigator or AFP, it could constitute misconduct. If it came from political offices, it could be interference in law enforcement. Either way, someone's got explaining to do.
Mate, Australia's reckoning with alleged war crimes in Afghanistan is messy. The Brereton Report documented systemic failures in accountability and military culture. The subsequent prosecutions were always going to be contentious.
But justice requires process. Arrests should be lawful, discrete, and focused on securing the accused for court proceedings - not staged for media consumption. When operational details leak deliberately to create public spectacle, that's not accountability. That's theatre.
The war crimes charges against Roberts-Smith will proceed regardless. He'll face trial, evidence will be tested, and a court will determine guilt or innocence. That's how it should work.
But the leak investigation matters too. If officials are leaking arrest details to shape public perception, that's corruption of the justice process. The NACC needs to find out who did it and why.
Australia can have accountability for war crimes and accountability for law enforcement leaks. Both are necessary. Both serve justice. And right now, both are on trial.
