One Nation election advertising stating the party's support for Ben Roberts-Smith, who is charged with carrying out war crimes in Afghanistan, has legal experts worried.
Political signage has been used in the Farrer by-election with messages of support for Ben Roberts-Smith . Pre-poll locations in Albury have been signposted with corflutes in support of Ben Roberts-Smith VC as part of One Nation 's bid in the Farrer by-election.
Mr Roberts-Smith is facing charges of war crime murder alleged to have occurred during tours in Afghanistan.abc.net.au/news/one-nation-signs-support-ben-roberts-smith/106643228One Nation corflutes expressing support of alleged war criminal Ben Roberts-Smith, have been erected outside of pre-polling booths across southern NSW, ahead of this weekend's Farrer by-election. The signage contains a photo of Mr Roberts-Smith in service dress beneath the words: "He fought for us. One Nation stands with him.
" The ADF has advised political parties to avoid using images of current or former ADF personnel in campaign material, while legal experts have warned about the risks of commentary around matters that are currently before the courts. One of the signs at the North Albury pre-poll for One Nation candidate David Farley said it was authorised by party leader Pauline Hanson.
ABC News: Erin SomervilleThe ABC approached Mr Farley for comment and was provided with a statement from a One Nation spokesperson.
"One Nation is the only party which has expressed support for Ben Roberts-Smith and we're making sure voters in Farrer — where many veterans live — know it," the One Nation spokesperson said. "Our support for him reflects our strong commitment to support all Australian veterans much better than the Labor government currently does. ", alleged to have occurred during tours in Afghanistan between 2009 and 2012.
He has consistently denied the allegations throughout a high-stakes civil defamation case against Nine newspapers, which he lost in 2023. The Australian Electoral Commission said Australian electoral laws do not regulate signage content beyond requiring an authorisation statement. The Australian Defence Force does not comment on individual cases about ADF imagery being used as part of political campaigns, however, it advises parties not to.
"Defence 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," a Defence spokesperson said in a statement.questions when asked whether Mr Roberts-Smith, the Department of Defence or the Australian War Memorial had given consent to the use of the images. Veteran and Greens Candidate in the Farrer by-election Richard Hendrie said it was important Defence stayed apolitical.
"They're there to serve the interests of the foreign policy and domestic policy of the government of the day and the parliament of the day," he said. Mr Hendrie said he was not comfortable with the use of Mr Roberts-Smith, or any veteran, in political discourse.
"I'm a veteran myself, it's caused me a lot of angst and distress. The veteran community is entitled to be heard on this issue and that's a healthy thing in democracy," he said.
"But what I object to … is having the veteran community used for political motivations or interference. "The signs may impact proceedings before the courts under sub judice contempt laws. "Political parties need to distance themselves from these matters and let the courts do their job. " University of Sydney Law School Professor David Rolph said messages of support about a matter before the court could impact proceedings under the principle of sub judice.
"There have been examples in the past of prominent people who have made statements in support or against people who have found themselves on the wrong end of sub judice contemptProfessor Rolph said the laws existed to protect the presumption of innocence of an alleged offender, and to ensure a fair trial before the courts and not the "court of public opinion". He said courts may impose non-publication orders that could impact the reporting of the trial if the courts deemed there to be a case of prejudicial publicity.
"Open justice is a really fundamental part of our legal system because for centuries we've proceeded on the basis that justice not only needs to be done, but needs to be seen to be done,"Top Stories
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