Opening statements by AFP Commissioner and OSI Director of Investigations – following arrest of former Australian soldier

AFP Commissioner Krissy Barrett opening statement following arrest of former Australian soldier

Good afternoon.

A former Australian Deforce Force member has today been arrested and will be charged with five counts of War Crime – Murder after a joint investigation between the Office of Special Investigator (OSI) and the AFP.

The former soldier was arrested at Sydney’s Domestic Airport this morning and is expected to face a NSW court later today.

It will be alleged the man was a member of the ADF when he was involved in the death of Afghan nationals between 2009 and 2012 in circumstances that constitute war crimes under the Commonwealth Criminal Code.

The offence of War Crime – Murder carries a maximum penalty of life imprisonment.

It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan.

It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed.

It will be alleged 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.

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

It has been a complex investigation that has been undertaken thoroughly and meticulously.

We understand these charges will have an impact on several communities in Australia.

Whenever I give a press conference, I do not just provide the facts in front of me, but I also address those impacted the most.

So, I want to now directly address the concerns and questions some may have.

The alleged conduct related to this charge is confined to a very small section of our trusted and respected ADF, which helps keep this country safe.

The overwhelming majority of our ADF do our country proud. Today’s charges are not reflective of the majority members who serve under our Australian flag with honour, distinction and with the values of a democratic nation.

Today, is a day to rally behind the ADF, and be mindful of the families whose loved ones have died while serving our country.

Those charged, or facing charges under these joint investigations, will face the justice system in Australia. This is my message to the families of victims and the Australian community who want and deserve answers.

Furthermore, this investigation remains ongoing. I encourage those who have relevant information to come forward to the OSI if they have not yet done so.

This is the second time a joint OSI and AFP investigation has laid War Crimes - Murder charges against a former ADF member in Australia.

I want to thank the hardworking members of OSI and AFP for their continued dedication. I also want to thank state and territory law enforcement agencies that have provided assistance during this investigation.

This matter is now before the court so I am constrained about what further information can be provided.

I will now hand over to OSI Director Investigations Ross Barnett, and then we will take some questions.

OSI Director of Investigations Ross Barnett opening statement following arrest of former Australian soldier

Today’s action is a significant step and is underpinned by a careful and professional investigation under challenging circumstances and the gathering of evidence over a lengthy period.

The seriousness of these charges has deserved nothing less.

I want to acknowledge the team, past and present, for the resilience, investigative acumen and impartiality they have demonstrated throughout this investigation.

Equally it is also important to acknowledge that the person charged is entitled to the presumption of innocence until determined otherwise.

The OSI has, in total, commenced 53 investigations involving allegations of war crimes by Australian Defence Force members in Afghanistan.

Thirty-nine of these matters have now been provisionally finalised unless new evidence emerges. 

Those 39 matters have also been comprehensively investigated to the same high standard as today’s charges, but we have not gathered sufficient evidence to meet the threshold for the referral of a brief of evidence to the Commonwealth Director of Public Prosecutions.

Other investigations remain ongoing.

These war crimes allegations are extremely complex matters to investigate. 

However, we remain committed to completing the remaining investigations as expeditiously as possible.