IN BRIEF
- One Nation says its support for Ben Roberts-Smith reflects its commitment to Australian veterans.
- However, legal experts warn the signs could raise sub judice concerns around a matter before the courts.
One Nation campaign signs backing Ben Roberts-Smith have reportedly appeared outside pre-poll booths in southern NSW ahead of Saturday's Farrer by-election, raising concerns from legal experts.
The minor party's corflutes feature an image of the former soldier in military uniform, wearing a beret and winged badge of the Special Air Service (SAS), alongside the words: "He fought for us. One Nation stands with him."
Ben Roberts-Smith is facing five war crime charges of murder relating to alleged incidents during deployments in Afghanistan between 2009 and 2012.
He has "categorically" denied the allegations and said he will be "taking this opportunity to finally clear my name".
The signs have reportedly been seen at pre-poll booths in Albury, where material for One Nation candidate David Farley was displayed.
One sign stated it was authorised by One Nation leader Pauline Hanson, who has sought to position herself as Roberts-Smith's most vocal political backer since he was released on bail last month.
In a statement provided to the ABC, a One Nation spokesperson said it was the only political party publicly backing Roberts-Smith and wanted voters in Farrer to be aware of this.
"Our support for him reflects our strong commitment to support all Australian veterans much better than the Labor government currently does," the spokesperson said.
An Australian Defence Force (ADF) spokesperson told the ABC this week that it "respectfully requests political parties and those standing for political office to refrain from using imagery of former or current ADF personnel as part of any campaign material".
The ADF has also advised political parties to avoid campaign usage of military emblems, which are protected under both the 1903 Defence Act and the 1995 Trade Marks Act.
Australian electoral laws do not regulate signage content beyond requiring an authorisation statement, according to the Australian Electoral Commission.
It is unclear whether Roberts-Smith, the Department of Defence or the Australian War Memorial had given consent to the use of the images.
Legal concerns
Experts say the signs could raise concerns about commentary on matters still before the courts under sub judice contempt laws, and have the potential to impact proceedings.
Associate Professor Jason Bosland from the University of Melbourne Law School told SBS News that it could become a case of sub judice contempt if it interferes with the fair and proper administration of justice by creating sympathy for, or asserting the innocence of, an accused person.
"This corflute could be straying into that territory, but an important factor will be the amount of time between the display of the corflutes and the date of the trial," Bosland said.
Bosland said sub judice legislation exists to uphold the presumption of innocence and ensure criminal matters are decided in courtrooms rather than through public debate.
"The courts have powers of suppression to restrict publications that are potentially contemptuous, but in a case like Ben Roberts-Smith where there is so much material out there, it would be difficult to make an order like this.
"What they may be able to justify is making an order preventing the publication of new material going forward … But one factor to consider is that the trial is likely a couple of years off so to make an order of that nature might be considered to have too much impact on freedom of expression," Bosland said.
Bosland labelled it 'problematic' and 'inappropriate' for political figures to make statements about matters before the court.
"A statement made by a politician is more likely to carry much more weight. That's not just a contempt issue, it's almost a separation of powers issue," he told SBS News.
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