Speaker 1: Today's biggest news from The Australian. I'm Claire Harvey with
Speaker 1: the Front's afternoon headlines. It'll be at least twenty twenty
Speaker 1: nine before ben Robert Smith goes to trial before the
Speaker 1: New South Wales Supreme Court over war crime murder charges
Speaker 1: that stretch back to two thousand and nine. Commonwealth investigators
Speaker 1: have already said the case will be difficult to prosecute
Speaker 1: because there's no forensic evidence from the locations where five
Speaker 1: Afghans died, and they must rely on the recollections of
Speaker 1: other former soldiers. Prosecutors were due to serve Robert Smith
Speaker 1: with the Brief of Evidence, which is where it details
Speaker 1: the allegations, this week, but lawyers told a magistrate in
Speaker 1: Sydney's Downing Center Local Court they would need until September.
Speaker 1: The Crown has said it wants to seek orders under
Speaker 1: the National Security Information Act, which allows for suppression of
Speaker 1: details that could affect Australia's national security from entering the
Speaker 1: public domain. At a hearing in September, a judge will
Speaker 1: need to determine how the Commonwealth's push for a suppression
Speaker 1: is balanced with Robert Smith's right to a fair trial.
Speaker 1: Robert Smith was awarded the Medal for Gallantry and Victoria
Speaker 1: Cross for his service, but now he faces five charges
Speaker 1: of war crime murder for his actions on three days
Speaker 1: spread between two thousand and nine and twenty twelve. The
Speaker 1: case against Robert Smith will rely in part on the
Speaker 1: testimony of his former comrades, including four soldiers who've admitted
Speaker 1: they were complicit in executing detainees. Those soldiers have been
Speaker 1: granted immunity deals and their identities have been suppressed in
Speaker 1: a deal with the Commonwealth Director of Public Prosecutions. Each
Speaker 1: of those men was a junior Special Forces soldier in
Speaker 1: the Australian Army's Special Air Service Regiment. Robert Smith is
Speaker 1: charged with shooting one Afghan man dead, jointly murdering another,
Speaker 1: and ordering the execution of three men. The Commonwealth alleges
Speaker 1: the men were under the control of Australian forces at
Speaker 1: the time and their killings were not lawful as part
Speaker 1: of battle. Robert Smith maintains his innocence.
Speaker 2: I'm proud of my service in Afghanistan. While I was there,
Speaker 2: I always acted within my values, within my training and
Speaker 2: within the rules of engagement. I'd also like to say
Speaker 2: that I'm extremely proud of all of the men and
Speaker 2: women that served alongside me in Afghanistan, and their service
Speaker 2: and sacrifice should never be forgotten, particularly those who made
Speaker 2: the Oldermate sacrifice, many of whom were my friends.
Speaker 1: Check out that unfolding story live right now at the
Speaker 1: Australian dot com dot au and come back to the
Speaker 1: front first thing in the morning for our good look
Speaker 1: at a giant stink blowing up within the federal labor
Speaker 1: government over the future of warfare. What are orcas alliance
Speaker 1: with America and Britain means for the submarines and the
Speaker 1: safety of the country. That's right here, Thursday morning,