• Posted on 23 Apr 2026
  • 4 mins read

On the eve of our national day commemorating wartime sacrifice, the Ben Roberts-Smith saga takes on even more significance. On the one hand, Roberts-Smith is Australia’s most decorated soldier. On the other hand, he has been charged under a provision that carries a maximum penalty of life in prison. Whatever your view, this is a big story, squarely in the public interest and deserving of news media attention. So, how does the news media coverage stack up?

When Roberts-Smith was arrested at Sydney airport on a sunny Tuesday morning earlier this month, the Australian Federal Police didn’t name him in their media release: ‘A former Australian Defence Force member, 47, has been charged under a joint investigation between the AFP and the Office of the Special Investigator. The man … has been charged with five counts of war crime – murder under section 268.70(1) of the Criminal Code (Cth). The maximum penalty for this offence is life imprisonment.’

Naturally, the news media were more forthcoming, publishing detailed accounts of how the arrest unfolded aboard a domestic flight, as well as extensive photos and videos. Roberts-Smith later described the arrest as a ‘sensational’ and ‘unnecessary spectacle.’

With Roberts-Smith behind bars, there were contrasting approaches taken by journalists. There were even contrasting approaches on Sky News. While Peta Credlin called the arrest a ‘tragedy’ for the armed forces and Australia, Andrew Bolt backed the arrest: ‘Even if we wanted to ignore the allegations against Ben Roberts-Smith, that would be more dangerous than charging him – as well as being, in my opinion, disgraceful.’

Last Friday, after 10 days in Silverwater prison, Roberts-Smith was released on bail. Naturally, a scrum of journalists was waiting to meet him, but Corrective Services officers tried to sneak him out the back door. They nearly succeeded too, but for Sydney Morning Herald photographer Sam Mooy. The paper later published a behind-the-scenes account of how he’d captured his photos, despite officers trying to block him. While Corrective Services said the measures were necessary to ensure the safety of the high-profile inmate and the public, the behind-the-scenes account was compelling and illuminating.

On Sunday, Roberts-Smith addressed the media for the first time since his arrest, recognising the public interest in the case, but requesting privacy for his family. And on Monday, he reported to police, although news accounts didn’t specify the location of the police station. As news.com.au reported, ‘The former Australian Special Air Services (SAS) Corporal appeared relaxed on Monday morning — dressed in sneakers, shorts and a singlet when he arrived at a police station as part of his bail conditions. Pictures obtained by news.com.au showed him flashing a grin at the camera as he visited the station, which he must do three times a week.’ It cited an ‘undisclosed NSW station’.

The whole saga started with the sustained investigative journalism conducted by Nick McKenzie and Chris Masters. As McKenzie told 2SER’s Fourth Estate program this month, their collaboration started in 2017, after Masters published his book, No Front Line: Australian special forces at war in Afghanistan. During his research into Australia’s elite special forces, Masters had encountered many stories of bravery. However, he’d also heard whispers about misconduct. So the pair started digging. Initially, McKenzie says, he was ‘very skeptical’, but the independent accounts kept corroborating one another. Their stories were published in The Sydney Morning Herald and The Age, leading to arguably Australia’s most expensive defamation trial, which ultimately found the reporting of McKenzie and Masters to be substantially true. An appeal was dismissed by the Full Court of the Federal Court in May last year.

The criminal trial will take time. Whatever the result, the reporting of McKenzie and Masters has already been vindicated for its accuracy and bravery. No wonder they both rank among Australia’s most decorated journalists.

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Sacha Molitorisz

Sacha Molitorisz

Senior Lecturer, UTS Law

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