A police investigation into Ben Roberts-Smith’s role in murders in Afghanistan has collapsed after prosecutors ruled it may have used tainted evidence.
Besanko found that the disgraced war hero kicked Ali Jan off a cliff while he was handcuffed and was implicated in his unlawful execution, as well as those of the two Easter Sunday prisoners.
“The office of the CDPP has spent way too long making a decision, delaying the ability for the OSI-AFP teams to restart the impacted probes,” said one official source, who was not authorised to comment publicly.In June last year, this masthead asked Attorney-General Mark Dreyfus if he had sought advice about delays in the Roberts-Smith investigations, potential problems around the handling of Brereton inquiry information and why the existing federal police probes had not been handed to the OSI.
The OSI has urgently taken over handling of key federal police witnesses linked to the cliff death and Easter Sunday killings, including Special Air Service Regiment soldiers who had agreed to testify against Roberts-Smith. However, after receiving differing legal advice from external barristers, the CDPP believed there was a risk of a High Court challenge by Roberts-Smith and the prudent approach was to start over.
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