Call for AFP to ‘explain’ need to arrest Ben Roberts-Smith at Sydney Airport

Arresting authorities should “explain” why they needed to apprehend Ben Roberts-Smith on the tarmac of Sydney’s domestic airport, opposition defence spokesman James Paterson says.

One of Australia’s most decorated soldiers, Mr Roberts-Smith was this week charged with the war crime of murder after being hauled off a plane bound for Brisbane this week in front of children.

Vision released by the Australian Federal Police and the Office of the Special Investigator (OSI) showed officers and war crimes investigators escorting him to a vehicle on the tarmac, sparking criticism of the public nature of the arrest.

Criticism has only grown following reporting that Mr Roberts-Smith offered to hand himself in.

Senator Paterson said on Sunday the concerns raised were “operational questions which must be answered by the Federal Police and the OSI”.

“I don’t know what their considerations were, why they chose to arrest him at that time and that place, and it’s up to them to explain why it was operationally necessary to do so,” he told Sky’s Sunday Agenda.

“There will be an opportunity to ask questions of them in Senate estimates in a couple of months’ time.

“But there’s nothing stopping the AFP explaining that in the meantime, given that it’s generated significant community concern.”

Pressed on reporting that Mr Roberts-Smith was arrested in Sydney and not Brisbane because he might face a more diverse jury, Senator Paterson said it highlighted the need for authorities to “clarify why he was arrested in the way in which he was”.

“I think it is in the public interest for speculation like that to be put to bed, and the only way it can be put to bed is for the AFP and the OSI to explain the operational necessity of arresting Ben Roberts-Smith,” Senator Paterson said.

Mr Roberts-Smith was charged with five counts of the war crime of murder, including one of jointly commissioning a murder and three of aiding, abetting, counselling or procuring a murder.

He is accused of committing the crimes while serving in Afghanistan between 2009 and 2012.

Mr Roberts-Smith has always denied the allegations against him.

During his interview, Senator Paterson said it was “critically important that Mr Roberts-Smith retains the presumption of innocence” so that he has a fair trial.

“And I don’t want a politician briefed or un-briefed to say something that would in any way impinge on his ability to get a fair trial,” he said.

He urged his fellow parliamentarians “to be really careful about what they say”.

“Watching us on our interviews or listening to us on the radio could be a future jury member who is called upon to help decide whether or not Mr Roberts-Smith conduct meets the threshold of a … reasonable standard under criminal law, and we should not do anything which in any way jeopardises his ability to get a fair trial,” Senator Paterson said.