Former Australian SAS soldier Ben Roberts-Smith will not receive the full brief of evidence in the war crimes case against him for several more months due to the presence of classified national security information, a Sydney court has heard.
Roberts-Smith, 47, Australia’s most decorated living soldier and a recipient of the Victoria Cross, was charged in April with five counts of the war crime of murder. The allegations relate to three separate incidents that allegedly occurred during his deployment with the Australian Special Air Service Regiment in Afghanistan between 2009 and 2012.
He denies all allegations.
During proceedings at Sydney’s Downing Centre Local Court on Thursday, prosecutors confirmed that the delivery of the full prosecution brief has been delayed while the court considers how sensitive classified material should be handled.
Crown prosecutor Chelsea Brain told the court that Roberts-Smith could not be provided with the complete evidence brief until legal orders governing the protection of secret information are put in place.
The application concerning the classified material was brought by the Commonwealth Government under Australia’s national security legislation.
Roberts-Smith’s solicitor, Karen Espiner, indicated that discussions between the defence, prosecutors and the Commonwealth were progressing and that there was likely to be broad agreement on the management of the sensitive documents.
The matter will return to court on September 1, when Judge Susan Horan is expected to consider whether the requested protection orders are necessary.
Under the National Security Information (Criminal and Civil Proceedings) Act, courts can impose strict conditions regarding the disclosure, storage, handling, access and destruction of classified information used during criminal proceedings.
The legislation is designed to ensure that prosecutions involving national security matters can proceed without compromising sensitive government intelligence or operational information.
Roberts-Smith has not yet entered formal pleas to the charges. However, he has previously stated that he intends to contest the allegations and use the court process to clear his name.
The case is expected to be one of the most significant and closely watched war crimes prosecutions in Australian history, drawing national and international attention due to Roberts-Smith’s military record and public profile.
The proceedings remain at a preliminary stage, with the criminal trial timetable yet to be finalised.
