Hastie testifies in Roberts-Smith defamation case

Roberts-Smith, a former Special Air Service corporal, was awarded the Victoria Cross for his actions in Afghanistan in 2010, along with the Medal for Gallantry and a Commendation for Distinguished Service. After retiring from the army in 2013, he took a $700,000-a-year role as Queensland manager of the Seven Network and was named Australian Father of the Year. He also chaired the National Australia Day Council from 2014 to 2017.

The defamation action, brought against The Sydney Morning Herald and The Age, stems from 2018 articles by journalists Nick McKenzie and Chris Masters that accused Roberts-Smith of domestic violence, war crimes in Afghanistan, and bullying fellow SAS soldiers. Roberts-Smith has denied all wrongdoing and has not been charged with any offence. The case was set down for hearing on June 7, 2021.

One of the domestic violence allegations involves a woman identified as Person 17, with whom Roberts-Smith had an affair in late 2017 and early 2018. Person 17 alleges that on March 28, 2018, at the Hotel Realm in Canberra, Roberts-Smith punched her in the side of the head after she embarrassed them at a Parliament House function. Roberts-Smith denies the assault, claiming her injuries, including a black eye, were solely from falling down stairs at the parliamentary car park.

Person 17 had fallen down those stairs that night while inebriated, and at the function she had told Vice Admiral Ray Griggs about the affair. Roberts-Smith's barrister, Bruce McClintock SC, has portrayed Person 17 as a woman scorned seeking revenge. The journalists' investigation began in April 2017, when Masters met Roberts-Smith at Canberra's Hyatt Hotel to discuss criticisms from former comrades.

During the meeting, Roberts-Smith angrily rebutted the accusations, calling some soldiers cowardly, incompetent, and toxic, and claimed his critics were driven by jealousy. After the meeting, Masters received an anonymous call alleging Roberts-Smith kicked a man off a cliff, causing his face to smash against a wall and teeth to spray out. Hastie, a former SAS troop commander in Afghanistan and now a federal member of parliament, was the only publicly identified witness among the SAS members who gave evidence, other than Roberts-Smith.

He testified that there was a widespread view that Roberts-Smith was a bully, particularly towards Person 1. Hastie recalled a 2014 meeting where Person 7 expressed concerns about incidents involving Roberts-Smith, including swimming away from the troop, shooting a deceased person, and doubts about the Victoria Cross citation. He also said he had heard the cliff-kicking allegation from multiple people.

Hastie denied using his relationship with the journalists to promote himself by feeding them information about Roberts-Smith. Nine undertook to pay for legal advice and representation for Hastie in an unrelated defamation case, and it is alleged that Hastie helped the newspaper investigation that led to Roberts-Smith's downfall. The allegations against Roberts-Smith sit within broader inquiries into Australian Defence Force conduct in Afghanistan.

The International Criminal Court is investigating alleged crimes against humanity and war crimes since May 2003. Australian media have reported allegations of criminal conduct by ADF personnel between 2003 and 2013. The Inspector-General of the Australian Defence Force Afghanistan Inquiry, known as the Brereton Inquiry, has investigated incidents, but its report was not yet published at the time.

Around 30 inquiry officer reports have been publicly released, often with redactions. Roberts-Smith is the only soldier accused of an unlawful killing who has been named in public reports.