In brief
- An Instagram comment left by Ben Roberts-Smith's partner was a "mistake", she has admitted.
- Liberal MP Andrew Hastie says he's limited in what he can say publicly.
The girlfriend of alleged war criminal Ben Roberts-Smith says it was a "mistake" to publicly accuse former special forces soldier and federal MP Andrew Hastie of being a "traitor".
Sarah Matulin, a marketing specialist, left a comment on a post commemorating Anzac Day on Hastie's Instagram account, where the Liberal MP and Afghanistan war veteran published a picture of himself attending a service in Mandurah, Western Australia.
"Remembering the fallen, honouring our veterans and ADF — a responsibility for all Australians, young and old. Lest We Forget," Hastie wrote in the post's caption.
The since-deleted comment from Matulin reportedly read "Yeah you're a traitor", according to Nine newspapers.
Roberts-Smith's legal representative issued a statement to SBS News on behalf of Matulin, saying: "It was a mistake to make that comment in a public forum and wasn't done with Ben's knowledge."
Hastie, who in 2022 gave evidence in the Federal Court in the civil defamation case launched by Roberts-Smith against Nine newspapers, is expecting to be called as a witness in the criminal trial against the Victoria Cross recipient.
Roberts-Smith lost the defamation lawsuit against the now Nine-owned Fairfax Media in 2018, with the judge determining that war crime allegations against him were, on the balance of probabilities, true. Defamation cases historically have operated on a lower standard of proof than criminal trials, which must operate on the higher standard of proof beyond reasonable doubt.
The 47-year-old former SAS soldier was arrested on 7 April and charged with murdering five unarmed detainees while deployed in Afghanistan between 2009 and 2012.
The charges Roberts-Smith faces are related to alleged unlawful killings of civilians in Afghanistan's Uruzgan province.
He is accused of directly murdering two Afghans and aiding, abetting, counselling, or procuring the murder of three more.
Earlier this month, in his first public comments since his arrest, Roberts-Smith said he and his family had been "subjected to a campaign to convince Australians that I'd acted improperly in my service in Afghanistan".
"As I've always maintained, I categorically deny all of these allegations."
He said he was also proud of his service in Afghanistan.
"While I was there, I always acted within my values, within my training and within the rules of engagement," he said.
Asked about his reaction to Matulin's comment, Hastie said his response was limited due to the criminal proceedings.
"It is what it is, and I really have nothing to add to it. Life goes on," he told Sky News on Tuesday.
"I've been very careful about what I've said. When I've had to give testimony, I've done it under oath.
"I'm just very cautious, given that a fair trial, the presumption of innocence and a few other legal principles are at stake here."
Opposition leader Angus Taylor defended Hastie's record when asked about the social media post.
"Andrew is a great Australian and he served our country with distinction, as have so many other great Australians," Taylor said.
"We've just had Anzac Day, where we commemorate the service and sacrifice of people for this country over a long, long period of time. Andrew is one of those people. And I salute their service."
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