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Senior Liberal MP Andrew Hastie has confirmed he may be called to give evidence in the forthcoming criminal trial of Victoria Cross recipient Ben Roberts‑Smith, as the former soldier faces war crimes charges linked to operations in Afghanistan.
Hastie, who previously served in the Special Air Service alongside Roberts-Smith, issued a statement on Thursday detailing his involvement in earlier legal proceedings involving Roberts‑Smith.
Roberts‑Smith has been charged with five counts of the war crime of murder following a years‑long investigation into his conduct during the war in Afghanistan.
The charges stem from allegations relating to incidents that allegedly occurred between 2009 and 2012 during multiple deployments to the conflict zone.
Roberts‑Smith was arrested by Australian Federal Police officers at Sydney Airport on April 7, 2026, after returning to Australia.
He is accused of unlawfully killing unarmed Afghan civilians and detainees while serving with the SAS.
Prosecutors allege the victims were not taking part in hostilities at the time of their deaths, raising serious questions about breaches of international humanitarian law.
'In 2022, I was one of 21 SAS veterans of the war in Afghanistan subpoenaed as a witness in the defamation action brought by Ben Roberts‑Smith against Nine Media,' Hastie said.
Andrew Hastie (pictured) said he may be called as a witness in Roberts-Smith's trial
He told the Federal Court he took part in a 2012 operational mission that later came under judicial scrutiny.
'As a qualified member of the SAS, I was present on one of the operational missions in 2012 that was examined by the Federal Court,' Hastie said.
With criminal proceedings now underway, Hastie acknowledged he could be required to testify again.
'Ben Roberts‑Smith is now facing criminal charges in relation to this operational mission, so it is possible that I will be called as a witness to this trial,' he said.
Hastie urged restraint as the case moves through the courts and stressed the accused's legal rights.
'I urge every Australian to respect the rule of law, the criminal justice system, and the accused's right to a presumption of innocence and a fair trial,' he said.
He said his potential role as a witness prevented further public comment.
'I will not prejudice this trial by making any further comment,' Hastie said.
Hastie was called to give testimony during Roberts-Smith's (pictured) defamation case
Earlier on Thursday, Hastie spoke to Sydney radio station 2GB, describing the charges as 'sad and sobering' for the nation, particularly for veterans and their families.
'I do not have a problem with Ben Roberts‑Smith, and I do not have a relationship with him,' Hastie said.
'I was subpoenaed to appear in the Federal Court as a witness, and I gave evidence under oath, as required by law.'
Hastie also defended the SAS Regiment, calling its current members 'outstanding people' and warning against undermining public confidence.
'Most Australians who served did their job with honour,' he said.
'But no one is above the law.'
He said protecting due process remained critical.
'If this process is prejudiced, we are not serving justice,' Hastie said.
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