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Defence Minister Richard Marles will not commit to a review of Ben Roberts-Smith’s Victoria Cross medal despite the Federal Court finding he is a murderer and a war criminal.
Speaking at the Shangri-La Dialogue in Singapore on Sunday, Marles said he would not go “into the specifics of an individual and or that specific question”.
Defence Minister Richard Marles.Credit: Alex Ellinghausen
The Governor-General awards Australia’s highest military honour on the recommendation of the Minister for Defence, in a process that is subject to review by the Defence Honours and Awards Appeals Tribunal.
War Memorial Council chairman Kim Beazley, a former leader of the Labor Party, said last week the display of Roberts-Smith’s uniform, medals and portrait would remain in place and the council would consider additional context following the court findings.
Marles said he understood why there had been a lot of attention on the issue over the past week, but that it was ultimately a civil case between private parties, and any move to change Robert-Smith’s display in Canberra was a question for the War Memorial.
There has been debate about whether Roberts-Smith should be stripped of his Victoria Cross medal following the ruling handed down by Federal Court Justice Anthony Besanko on Thursday, which found The Sydney Morning Herald, The Age and The Canberra Times did not defame the former SAS soldier through their reporting on his conduct in Afghanistan.
Michael McCormack, former assistant minister for defence, veterans’ affairs and defence personnel said Roberts-Smith should keep his Victoria Cross medal in perpetuity.
“What he did to earn that Victoria Cross happened in a completely separate event than the allegations that have been put forward in a civil court and have not been tried elsewhere yet,” McCormack said.
“He earned that through valour and bravery, through his actions under fire and being outnumbered and a situation where he was very much exposed.”
Ben Roberts-Smith was awarded the Victoria Cross medal in 2011.Credit: Getty
McCormack said that as a former journalist, he acknowledged the media’s need to uncover the truth, but he warned against ill-informed commentary that could potentially harm current and future defence personnel.
“We’re going through a royal commission into defence and veteran suicide and I do worry about some of the commentary that is smearing the entire ADF that will make it very hard to recruit, that is casting aspersions on everyone and anyone who has worn a uniform, who will potentially wear a uniform in the future.”
Beazley said the memorial recognised the “gravity of the decision in the Ben Roberts-Smith defamation case and its broader impact on all involved in the Australian community” and is contemplating how to reflect that in its display.
“We are considering carefully the additional content and context to be included in these displays,” Beazley said.
Marles said he was committed to implementing the recommendations of the Brereton report into alleged war crimes, released more than two years ago, which included the recommendation to establish a compensation scheme for the families of Afghan victims of alleged Australian war crimes. The Brereton Inquiry also called for a review of honours handed out to Defence Force personnel who had served in Afghanistan, but Marles would not specify if Roberts-Smith’s award would be included in that recommendation.
“The Brereton report is a hugely significant document, given the appalling nature of the allegations which are contained within it. It is really important that the recommendations of that report, they’re implemented to the fullest possible extent,” Marles said in Singapore.
“That is absolutely essential in terms of our country’s standing, and to do anything else would be for us to be judged by history.”
Roberts-Smith has 42 days to lodge an appeal against the court’s decision.
If you are a current or former ADF member, or a relative, and need counselling or support, contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
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