Australia’s top federal law enforcement official has publicly outlined why authorities rejected a proposed voluntary surrender from former elite SAS soldier Ben Roberts-Smith, amid growing political scrutiny over the high-profile war crime arrest that has gripped national attention.
In a defiant address during a Thursday Senate estimates hearing, Australian Federal Police (AFP) Commissioner Krissy Barrett defended the agency’s April decision to arrest Roberts-Smith at Sydney Domestic Airport, pushing back against widespread public and political backlash over the handling of the case.
Barrett stressed that all investigative and procedural choices made by the AFP and the Office of the Special Investigator (OSI) were rooted in principle, aligned with federal legislation and governance frameworks, and guided solely by evidence – not the notoriety or public standing of any individual.
“We take an oath that we will faithfully and diligently carry out our duties without fear or favour, without affection or ill will. This is an extremely important point the Australian public can know,” Barrett told the hearing. “The AFP will determine cases on the evidence in front of us, and not because of name, fame, or background of any individual.”
The hearing comes after days of questioning from Liberal Senator Michaelia Cash, who has challenged law enforcement officials over their approach to the Roberts-Smith case. In her detailed opening remarks, Barrett broke down the operational logic behind arresting Roberts-Smith at the Sydney airport rather than allowing him to turn himself in, or arresting him in the state of Queensland.
Barrett explained that airports are classified as “sterile environments” with mandatory passenger screening and contained perimeters, factors that make arrest operations far safer for both responding officers and members of the public. Investigators also confirmed they had intelligence that Roberts-Smith had no known permanent address and was actively planning to relocate overseas, eliminating the option of waiting for a voluntary surrender. The choice of Sydney over Brisbane was a collaborative operational decision reached with partner agencies, Barrett added, dismissing widespread media speculation about hidden motives for the location as entirely inaccurate. She also noted that OSI officers were deployed specifically to the airport to provide support for Roberts-Smith’s family members who were travelling with him at the time of arrest.
Addressing reports that Roberts-Smith had offered to hand himself in voluntarily ahead of the airport operation, Barrett confirmed that law enforcement had ultimately ruled the proposal unworkable. Citing the gravity of the charges against the former soldier – five counts of war crime-related murder, each carrying a maximum sentence of life imprisonment – Barrett said the surrender option was never considered a viable path for the investigation.
Barrett also addressed unconfirmed reports of sensitive investigative information being leaked to media outlets ahead of the arrest. While she stressed there is no concrete evidence the AFP leaked any details, she confirmed the matter has been referred to the National Anti-Corruption Commission as a precautionary measure. “If the date of the individual’s arrest or other sensitive information was disclosed to anyone in the media, this could be an unauthorised disclosure, and in my view, anyone who disclosed that information should face consequences,” she said.
Roberts-Smith was granted strict conditional bail earlier this year following his arrest. He has consistently maintained his innocence on all charges, has not entered any formal pleas, and his court proceeding remains ongoing.