https://www.canberratimes.com.au/story/9217052/ben-roberts-smith-vc-recipient-innocent-until-proven-guilty/
'Wider ramifications': Michael McCormack worried Ben Roberts-Smith's arrest will hurt ADF
Opposition veterans' affairs spokesperson Michael McCormack fears the arrest of Australia's most decorated living former soldier will undermine the Australian Defence Force's recruitment efforts.
Australian Federal Police arrested Ben Roberts-Smith at Sydney Airport on Tuesday over alleged war crimes during his service in Afghanistan between 2009 and 2012, with the Victoria Cross recipient expected to face five Commonwealth charges in court on Wednesday.
"Nobody who hasn't worn a uniform, nobody who hasn't been sent to war ... understands what he's gone through," Mr McCormack told this masthead, saying it was important to acknowledge "the complexities of war."
"He was sent to do a job, sent to serve his nation, called upon to do duty," he said, describing that Afghanistan conflict as "a war like no other" with ADF members fighting an enemy that did not wear a uniform.
"Many of them, of course, wore farmers' garb and still had deadly weapons and used them against Australians ... I do feel for our veterans. And I just wonder what this, ultimately - and I know Ben Roberts-Smith is just one case - but what does this say to our ability to then recruit others to go and serve their nation?"
AFP Commissioner Krissy Barrett said it was alleged the 37-year-old former soldier or his subordinates shot unarmed Afghan nationals who were not taking part in hostilities but were detained, unarmed and under the control of ADF members when they were allegedly murdered.
The arrest was a result of a joint investigation by the Australian Federal Police and Office of the Special Investigator (OSI).
OSI Director of Investigations Ross Barnett said war crimes allegations were "extremely complex matters to investigate."
A further 13 matters involving allegations of war crimes by ADF members in Afghanistan are ongoing, after 39 cases were closed after investigations did not gather enough evidence for a prosecution.
Mr McCormack said Australian soldiers were sent into "very rugged terrain and difficult conditions" in Afghanistan.
He said it worried him that a civilian court would judge the actions of ADF members in a conflict zone, instead of a military adjudication.
"Where do we start and stop with this?" he said.
"They get the nation's highest honour for valour, and they come back, and then they have a civilian court tell them that they should not have done whatever they did."
Ultimately, though, he said: "We'll let the courts decide, and that's the due and proper process."
He said if Mr Roberts-Smith was acquitted of war crime murder charges, he would be owed an apology by the media.
"It's all well and good for investigative journalists and media outlets with very deep pockets to pursue Australian servicemen and women, but mainly men, for things that happened in the fog of war, in the difficulty of war, in circumstances that are like no other here in Australia," Mr McCormack said.
Prime Minister Anthony Albanese declined to comment on Tuesday.
"I have no intention of prejudicing a matter that is before the courts," Mr Albanese said.
Opposition leader Angus Taylor issued a joint statement with his defence spokesperson James Paterson, defence industry spokesperson Philip Thompson and Mr McCormack on Tuesday afternoon.
"The Coalition wants to acknowledge the extraordinary role of our special forces," it said.
"The developments we're seeing should not detract from the respect and gratitude we hold for the men and women who serve this nation in some of the most difficult and dangerous circumstances imaginable.
"We are incredibly proud of our serving ADF personnel and our veterans. They deserve our respect, our support, and our unwavering commitment to stand by them."
The Australian War Memorial has announced plans to update the wording on a plaque next to its display of Mr Roberts-Smith's uniform, medals and equipment in the Hall of Valour.
Mr McCormack said any change to the plaque should be worded "very carefully" and that "we're all entitled to the presumption of innocence, until proven otherwise."
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