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“A TRAGIC DAY FOR THE ANZAC LEGACY”: TONY ABBOTT BLASTS PROSECUTION OF BEN ROBERTS-SMITH

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“A TRAGIC DAY FOR THE ANZAC LEGACY”: TONY ABBOTT BLASTS PROSECUTION OF BEN ROBERTS-SMITH

News Desk CANBERRA — 08 April 2026

Former Prime Minister Tony Abbott has broken his silence on the arrest of Ben Roberts-Smith, labeling the decision to charge the Victoria Cross recipient with five counts of war crime murder as a “devastating blow” to the morale of the Australian Defence Force and a “distortion” of the realities of modern combat.

Speaking from Parliament House this morning, the man who was Prime Minister when many of the alleged incidents were first brought to light issued a fiery defense of the SAS veteran, cautioning the nation against “judging our heroes from the safety of a courtroom.”


“The Fog of War is Real”

Mr. Abbott, a staunch supporter of the military throughout his political career, argued that the Office of the Special Investigator (OSI) is failing to account for the impossible conditions faced by elite soldiers in the Uruzgan province.

“Ben Roberts-Smith is a man who went into the heart of darkness on our behalf, six times over,” Abbott told reporters. “To now pluck him from a civilian life and charge him with murder based on events that happened in the heat of a desperate struggle against a brutal enemy is, in my view, a tragic day for the ANZAC legacy.”

The former PM suggested that the “legalistic” approach of the AFP and OSI risks creating a culture of hesitation within the special forces. “We ask these men to be lions on the battlefield, and then we prosecute them for not acting like librarians,” he added.

Exerpt /Statement from the Facebook page of Tony Abbott

“Especially today, my instinctive sympathy remains with all of our special forces soldiers from the Afghanistan campaign, fighting at our country’s command against a merciless enemy, often under highly restrictive rules of engagement that meant known terrorists were captured and released many times.
As prime minister during multiple deployments, and having spent time with our troops in war-zones, I could not have asked for a more loyal and professional military and my respect for their service is undiminished.
Of course, there are rules that have to be observed and enforced, even against soldiers in times of war. Still, it’s wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life.
If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?
The Brereton investigation commenced in 2016 and only concluded in 2020. The first war crime charge against a former special forces soldier was only laid in 2023 and three years later, this has still not been finalised.
After doing their best to serve our country, dozens of former special forces soldiers should not still be in limbo years later because of ongoing investigations that have only resulted in charges in two cases.
Justice delayed is justice denied. If evidence is clear, and cases are strong, they should be brought and concluded without delay. Otherwise, people should be cleared to get on with their lives lest the process itself become the punishment.
In Afghanistan, our soldiers fought bravely and well for a just cause. I am very sorry that some of them have been subjected to a form of persecution by the country they served.”

Criticism of the “Spectacle” at Sydney Airport

Abbott also took aim at the circumstances of Tuesday’s arrest, where Roberts-Smith was intercepted by federal agents at Sydney International Airport.

“The manner of the arrest—the public spectacle at the airport—was unnecessary for a man who has lived in the public eye and stood his ground in the Federal Court for years,” Abbott said. “It felt less like a pursuit of justice and more like a pursuit of a headline.”


A Nation Divided: The Political Fallout

Abbott’s comments have immediately polarized the political landscape. While some members of the Coalition backbench have echoed his concerns regarding “prosecutorial overreach,” the current government has remained firm.

The Attorney-General responded briefly to Abbott’s remarks, stating: “The rule of law does not stop at the edge of the battlefield. Our justice system must be blind to decorations if it is to remain credible on the world stage.”


 Analysis: The Battle for Public Opinion

Tony Abbott’s intervention signals that the trial of Ben Roberts-Smith will not just be fought in a New South Wales local court, but in the court of public opinion. By framing the trial as a betrayal of a “national hero,” Abbott is tapping into a deep-seated reverence for the VC, setting the stage for a cultural divide not seen since the Vietnam War.

For many veterans, Abbott’s words provide a sense of validation. However, for the whistleblowers within the SAS who provided the evidence for the OSI, his comments represent a dismissal of the very “military honor” they sought to protect by coming forward.

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