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Fellow veteran Heston Russell is backing Ben Roberts-Smith ahead of his murder trial, calling for due process and demanding greater media protections for serving military personnel.

Bring on Ben Roberts-Smith’s court battle when he finally gets the chance to clear his name – that is the opinion of a fellow high-profile veteran who served alongside him, Heston Russell.

Russell believes media insinuations of decorated soldier and Victoria Cross recipient, Roberts-Smith, being a war criminal for his service in Afghanistan, have unfairly damaged his reputation.

“I thoroughly look forward to this going to the courts because at this stage the journalists and everyone who has had an agenda have only had to play it to the balance of probabilities,” Russell told The Daily Declaration.

“Now it’s got to be tried beyond reasonable doubt to a jury, and bring in all the people responsible.”

Former Special Air Service soldier, Roberts-Smith, is facing five counts of murder under the Commonwealth Criminal Code Act, specifically alleging he killed unarmed Afghan civilians.

He was arrested by Australian Federal Police after landing at Sydney Airport on 5 April, and was remanded in custody for 10 days.

He is now living under strict bail conditions and attended an Anzac Day ceremony on the Gold Coast, where he was greeted by many supporters who wanted to shake his hand and take photos.

The 47-year-old has been residing in Queensland since he was released from Sydney’s Silverwater jail.

Veterans Slam Media Coverage and Political Inaction

Russell called out the mainstream media due to its labelling of Roberts-Smith as a war criminal, as well as the Albanese Government, for the ongoing public saga that has greatly affected the overall reputation of the Australian Defence Force.

He is lobbying federal lawmakers to exclude media from reporting the details of any individual names or specific military units in connection with allegations of crimes or incidents arising from military operations until they have been proven and convicted – not simply charged – in a criminal court.

“We’re all about accountability, but this has been allowed to go too far. And for me, it’s proven politicians are beholden to the media,” he said.

“But again, due process and presumption of innocence. I really look forward to Ben and his family finally getting a chance to go through the courts.

“I launched the Veterans’ Protection Act – hestonrussell.com/veterans saying ‘media shouldn’t be allowed to accuse anyone in Australia of being a war criminal until it’s gone through the criminal court’.

“At the moment, anyone in the media can call us war criminals, and we have to pay to take them to court for civil defamation.

“So I think a lot needs to come from this.”

Russell Backs Roberts-Smith Ahead of Court Battle

Russell said he knew Roberts-Smith as being “nothing but professional” while he fought Taliban insurgents in Afghanistan.

“I served with Ben in one of my first missions in Afghanistan in 2012. He was nothing but professional and to the standards expected,” he said.

“I can’t comment on the service of others with him, but I’ve got nothing but good things to say about the limited experiences I had with him.

“And otherwise, everything is rumours and hearsay from 15 years ago.

“I don’t know how your memory is these days.”

While Roberts-Smith has yet to enter a plea, he has strenuously denied the war criminal allegations from alleged actions during his service in Afghanistan.

Afghanistan veteran Heston Russell has thrown his support behind besieged Victoria Cross recipient Ben Roberts-Smith. Picture: Facebook.

Russell, a former commando, endured his own battle to clear his name, and in October 2023 was awarded $390,000 in damages in his defamation case against the Australian Broadcasting Corporation.

The retired special forces major sued the ABC and two of its investigative journalists in the Federal Court over stories that reported allegations from an ex-US marine nicknamed “Josh”.

Josh made accusations against unidentified soldiers that an unarmed Afghan prisoner was executed in 2012 because there wasn’t enough room in a helicopter, when Russell commanded the November Platoon at that time.

Justice Michael Lee had already ruled ten defamatory imputations were conveyed by the stories.

It has also been reported that prosecutors have granted immunity to four SAS soldiers who admitted to killing detainees in Afghanistan in return for their evidence to testify against Roberts-Smith.

But Russell did not hesitate to throw his support behind Roberts-Smith – when asked about his ongoing fight for freedom – after speaking at an Anzac Day commemoration at Ringwood RSL in Melbourne’s eastern suburbs.

“I served with Ben in 2012. I really look forward to it (court battle) happening, to be honest,” he said.

“I think it’s a great opportunity for him to finally be able to clear his name.

“If you know anything about proving a murder, there’s no body or autopsy. Four of these guys have been granted immunity to testify against him.

“It’s just wild. So I really look forward to the public going on this journey, but it’s going to be a long one.”

Declining Recruitment

Russell believes Australian federal lawmakers and many in the media have lost their moral compass in the way they have portrayed Roberts-Smith, who has no shortage of supporters for his bravery while serving in a hostile environment in Afghanistan.

“We have got leaders who are beholden to the media instead of to those who defend things like free media and free speech,” he said.

“Even after my battle against the ABC, did the Prime Minister or Veterans’ Affairs Minister say a thing? No.

“Instead of having these leaders step forward and stop being politicians and saying ‘hey, this is wrong’, how much is it affecting people joining up for their services?”

Russell added the ongoing Roberts-Smith saga being played out through the media was, indeed, having a negative impact on Australian Defence Force recruit numbers.

“I could show you all the messages I have of people saying, ‘Hey man, I was going to join up, and then all of this happened,'” he said.

“Another guy was like, ‘My son had an assignment at school about your story with the ABC. Defence recruiting turned up when we played it, and no one went to see them.’

“It’s real, and where are we as a nation benefitting from this? It’s just not smart.”

Guerrilla Warfare

Afghanistan veteran Neil Trigwell has been disappointed with the way Ben Roberts-Smith has been portrayed in the media. Picture: Josh Spasaro.

Fellow Afghanistan veteran, Neil Trigwell, echoed Russell’s comments, saying the way Roberts-Smith has been portrayed in the media has been disappointing.

“It is disappointing because the public wasn’t there, and they don’t know what these soldiers were asked to go and achieve,” said Trigwell, who runs the Rising Sun charity for veterans struggling with post-traumatic stress disorder and physical injuries sustained from combat.

“As a soldier who was over there, we know what the operations were. And they’ve been asked to do a job.

“It’s our government and leaders at the top who have asked these guys to go and do a job. War is a violent job.

“We’re willingly going out there. We weren’t conscripted. We volunteered to serve our country and to protect the people who needed protecting at the time.

“My position as a rifleman was to seek out and possibly kill the enemy. They were ruthless and deceptive in the way they chose to initiate fighting us.

“On occasions, someone could be holding a shovel one minute, then pick up an AK-47 or fire an RPG at you.”

A Nation’s Gratitude on Display at Anzac Day

Trigwell said the fact that tens of thousands of Australians came out in droves to celebrate Anzac Day on the weekend showed the national spirit was alive and well, despite what veterans Russell and Roberts-Smith have endured publicly.

“What I want to say is we’re all trying to rally and unite together as veterans. But when everyone is on this massive witch hunt, every veteran I’ve spoken to now feels like we’re all being hunted,” he said.

“It’s crap.

“The people who have come out to support Anzac Day are the people who are fully behind us.

“And it does give you a glimmer of hope where that Anzac tradition and torch which has been burning for over 120 years is still being held.

“Some of those values are still being held by generations. This is probably the one day of the year where we can hold our heads high.”

The Human Cost of War

Vietnam veteran and author Tony Kregor is sympathetic towards Ben Roberts-Smith “because before we went to Vietnam, we were all shown how to kill in order to save lives”. Picture: Josh Spasaro.

Fellow veteran and author Tony Kregor also threw his support behind Roberts-Smith.

Kregor served in the Vietnam War for 12 months in 1969 and 1970, and had the soul-crushing role of communicating with the next-of-kin of soldiers killed or wounded in action.

His book – The Battle After The War – chronicles his post-traumatic stress disorder struggles after serving.

“I’m very sympathetic towards Ben Roberts-Smith because before we went to Vietnam, we were all shown how to kill in order to save lives,” Kregor said.

“I came back in a terrible state. I got married two weeks before I went away. I only had two weeks with my first wife, and when I got back, I didn’t know who I was.

“I was just torn to pieces.”

Kregor’s PTSD was not recognised or accepted until September 2015 – 45 years after his return to Australia.

The Royal Commission into veteran suicides found that 532 soldiers were killed in Vietnam, and over 2000 veterans committed suicide on their return.

Kregor said federal lawmakers needed to make it a priority to protect and support those who put their lives on the line defending their country.

“The problem is they’re so busy worrying about their own egos, and they’re not as worried about people who need their support,” he said.

President of Ringwood RSL, David Jamison, said the more than $300 million in taxpayer money directed to investigating Roberts-Smith could have been spent on the many veterans who now struggle with suicidal thoughts. Picture: Josh Spasaro.

Ringwood RSL President, David Jamison, said over $300 million in taxpayer money spent on investigating Roberts-Smith could have been directed towards the many veterans who now struggle with suicidal thoughts.

“With Ben Roberts-Smith, it’s indicating everything that’s wrong with government not supporting its veterans,” he told The Daily Declaration.

“The fact that they went and canvassed essentially our enemies in Afghanistan to get statements to support their case, and in 10 years they haven’t been able to put together any sort of case they could take to court and they spent $300 million doing it indicates two things to me – first of all, the government is hiding behind processes and it’s being morally cowardly about it.

“And secondly, they’re prepared to dump on their service people for doing the things that they, the government, ordered them to do.

“The consequences of that are now playing out, and I don’t see how he’ll get a fair trial because of the way the government right from the very start painted him as a war criminal without any evidence.”

The Legal Process

AFP Commissioner Krissy Barrett said at a press conference following Roberts-Smith’s arrest that the charges followed “a complex investigation that has been undertaken thoroughly and meticulously”.

Barrett added a “number of operation considerations” were factored into when and where Roberts-Smith was arrested.

He will next face court on 5 June.

Barrett said the offence of “war crime – murder” carries a maximum penalty of life in prison.

“It will be alleged that Mr Roberts-Smith was involved in the deaths of Afghan nationals between 2009 and 2012 in ‘circumstances that constitute war crimes under the Commonwealth Criminal Code’,” she said.

The victims were “not taking part in hostilities” at the time of their alleged murder, she added.

They were also allegedly detained, unarmed and under the “control of the ADF members” when they were killed.

“It will be alleged that the victims were shot by the accused, or shot by subordinate members of the ADF in the presence of, and acting on, the orders of the accused,” she said.

Operation Emerald Argon, which began in 2021, is a joint investigation between the Office of the Special Investigator and AFP.

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Featured image courtesy of Wikimedia Commons: Victoria Cross Recipient Wreath Laying Ceremony, hosted by Mr James R. Gemmell, Arlington’s Deputy Superintendent, at the Tomb of the Unknown Soldier, on 13 February 2012, at Arlington National Cemetery, Joint Base Myer-Henderson Hall, Fort Myer, VA. (US Army Photo by Mr Gregory L. Jones/AMVID)