Ben Roberts-Smith's girlfriend called Andrew Hastie a 'traitor' on Anzac Day post; MP may testify in war crimes trial

Key facts

• Sarah Matulin, girlfriend of Ben Roberts-Smith, commented 'Yeah you’re a traitor' on Andrew Hastie's Anzac Day Instagram post.
• Matulin's comment was later deleted; she said it was a 'mistake' and not done with Roberts-Smith's knowledge.
• Andrew Hastie, Liberal MP and former SAS captain, gave evidence in Roberts-Smith's defamation case in 2022.
• Hastie expects to be called as a witness in Roberts-Smith's criminal trial for murdering five unarmed detainees in Afghanistan.
• Roberts-Smith was arrested on 7 April and charged with murdering five Afghans in Uruzgan province between 2009 and 2012.
• Bruce Lehrmann, disgraced ex-Liberal staffer, also commented on Hastie's post: 'your betrayal of BRS… won’t be forgotten.'
• Roberts-Smith lost his defamation case against Nine newspapers in 2018; judge found war crime allegations true on balance of probabilities.

Anzac Day post draws fire from Roberts-Smith's partner

Liberal MP Andrew Hastie, a former SAS captain, posted a photograph of himself and his children at an Anzac Day service in Mandurah, Western Australia, on Saturday. The caption read: 'Remembering the fallen, honouring our veterans and ADF — a responsibility for all Australians, young and old. Lest We Forget.' Among the comments was one from Sarah Matulin, the girlfriend of Ben Roberts-Smith, the Victoria Cross recipient now charged with war crimes. 'Yeah you’re a traitor,' she wrote. The comment was later deleted. On Monday, Roberts-Smith's lawyer, Karen Espiner, issued a statement on Matulin's behalf: 'It was a mistake to make that comment in a public forum and wasn’t done with Ben’s knowledge.'

Hastie's role as potential witness in murder trial

Hastie, who served in the SAS as a captain in Afghanistan in 2013 and also deployed with the regular army in 2010, is expecting to be called as a witness in the criminal trial against Roberts-Smith. He was one of 21 SAS veterans subpoenaed in the defamation case Roberts-Smith brought against Nine newspapers, which he lost. In a statement after Roberts-Smith's arrest on 7 April, Hastie said he had given 'testimony under oath, as required by law' during the defamation case. 'Mr 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 added. Hastie's connection to the case stems from an alleged mission in which a junior soldier claimed Roberts-Smith ordered him to execute an Afghan detainee and cover it up.

Roberts-Smith charged with five counts of murder

Ben Roberts-Smith, 47, a former SAS soldier and recipient of the Victoria Cross, was arrested on 7 April and charged with murdering five unarmed detainees while deployed in Afghanistan between 2009 and 2012. The charges relate to alleged unlawful killings of civilians in Uruzgan province. He is accused of directly murdering two Afghans and aiding, abetting, counselling, or procuring the murder of three more. The criminal trial will operate on the higher standard of proof beyond reasonable doubt, unlike the defamation case which used the lower civil standard. In the defamation case, the judge determined that war crime allegations against Roberts-Smith were, on the balance of probabilities, true.

Legal experts warn of potential witness intimidation

Several legal experts, who declined to comment publicly due to the sensitivity of the case, explained that contacting a criminal witness could be illegal in certain contexts, particularly if it might obstruct the course of justice. Other instances may not be illegal but could be seen as intimidatory, inappropriate, or improper. There is no suggestion that Matulin acted illegally, especially since Hastie has not yet been confirmed as a witness in the criminal proceedings. Hastie himself urged caution, saying it was important that people 'reflect carefully on the seriousness of these matters before commenting online.'

Lehrmann also targets Hastie on social media

The Anzac Day post also attracted a comment from Bruce Lehrmann, the disgraced former Liberal party staffer who was found by a civil court judge to have raped his colleague Brittany Higgins. Lehrmann wrote: 'your betrayal of BRS… won’t be forgotten.' Lehrmann's comment adds another layer of controversy to the online exchanges surrounding Hastie's post. Neither Lehrmann nor Matulin have been accused of any illegal conduct in relation to their comments.

What comes next: Hastie's testimony and the criminal trial

Hastie is expected to be called as a witness in Roberts-Smith's criminal trial, though his exact role remains to be confirmed. The trial will examine the alleged murders in detail, with Hastie's testimony potentially pivotal given his involvement in the mission in question. The case has drawn significant public attention in Australia, highlighting the complexities of prosecuting war crimes years after the events. The outcome will have implications for military accountability and the treatment of veterans in the justice system.

The bottom line

• Sarah Matulin, girlfriend of Ben Roberts-Smith, called Andrew Hastie a 'traitor' on Instagram, later calling it a 'mistake'.
• Andrew Hastie, Liberal MP and former SAS captain, is a potential witness in Roberts-Smith's war crimes trial.
• Roberts-Smith faces five counts of murder for allegedly killing unarmed detainees in Afghanistan between 2009 and 2012.
• Legal experts caution that contacting criminal witnesses could be illegal or improper, even if not yet charged.
• Bruce Lehrmann also commented on Hastie's post, accusing him of betrayal.
• The criminal trial will use a higher standard of proof than the defamation case Roberts-Smith lost.