‘Not appropriate’: Labor MP asks colleagues not to talk about Ben Roberts Smith

Updated April 13, 2026 — 3:57pm,first published 3:51pm

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Labor’s special envoy for defence and veterans’ affairs has asked all federal politicians to refrain from making public remarks about accused war criminal Ben Roberts-Smith as the former soldier awaits trial.

Solomon MP Luke Gosling, who spent 13 years in the army, emailed federal MPs and senators on Monday to discourage them from joining debate in “any way shape or form” given the case was causing distress among veterans and required a fair hearing.

“Just a quick confidential note to provide some perspective on the allegations of war crimes against a high-profile veteran that will be tested in court,” he wrote, according to a copy of the email seen by this masthead.

“A number of politicians, ex-pollies and veterans are coming out in support of someone who has been awarded our highest medals for individual bravery and they are doing so for a multitude of reasons and motivations.

“There are also many other veterans who are quietly watching proceedings, including some who were witness to events and have been significantly and very negatively impacted.

“In particular, there are former SAS troopers that have extreme moral injury and distress over what they believe to be clear war crimes in Afghanistan that they believe were covered up. Some of these veterans will testify in court.”

Ben Roberts-Smith outside court in May 2025.Sam Mooy

Roberts-Smith, Australia’s most-decorated living soldier, was arrested last Tuesday and charged with five counts of the war crime of murder, allegedly committed during his deployment to Afghanistan. He will face a bail hearing on April 17.

Many politicians, including Prime Minister Anthony Albanese, have declined to share their views or comment on the situation, citing the upcoming court case.

A Coalition statement, issued last week on behalf of leader Angus Taylor, defence shadow James Paterson, veterans’ affairs shadow Michael McCormack and defence industry shadow Phil Thompson, said the legal process must take its course.

Liberal Andrew Hastie, who served multiple tours of Afghanistan, said he might be called to testify against his former colleague. He also warned that political commentary must not be allowed to prejudice the upcoming proceedings.

“Ben Roberts-Smith is entitled to the presumption of innocence,” he said. “He’s entitled to a fair trial, and that’s why I’m very circumspect about making comment, because the last thing we want is for his trial to be prejudiced by political commentary.”

But others, such as One Nation leader Pauline Hanson and former Liberal prime minister Tony Abbott, have condemned the charges. Former prime minister John Howard last week said that “to some Australians, Roberts-Smith is the modern personification of the great Anzac tradition”.

Gosling, in his email, said the situation was complex and had divided former SAS soldiers, while causing distress in the broader veteran community. “The point is that we need a fair trial to resolve matters for all who have been impacted and there is a long way to go,” he wrote.

“Everyone has the caucus lines but can I just discourage everyone from joining the public commentary about the accused in any way shape or form. It is not appropriate for MPs to comment on a serious criminal trial which will be before a jury.”

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Natassia Chrysanthos is Federal Political Correspondent. She has previously reported on immigration, health, social issues and the NDIS from Parliament House in Canberra.Connect via X or email.