WEBVTT - BRS case slowed by ‘national security’ concerns

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<v Speaker 1>Today's biggest news from The Australian. I'm Claire Harvey with

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<v Speaker 1>the Front's afternoon headlines. It'll be at least twenty twenty

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<v Speaker 1>nine before ben Robert Smith goes to trial before the

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<v Speaker 1>New South Wales Supreme Court over war crime murder charges

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<v Speaker 1>that stretch back to two thousand and nine. Commonwealth investigators

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<v Speaker 1>have already said the case will be difficult to prosecute

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<v Speaker 1>because there's no forensic evidence from the locations where five

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<v Speaker 1>Afghans died, and they must rely on the recollections of

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<v Speaker 1>other former soldiers. Prosecutors were due to serve Robert Smith

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<v Speaker 1>with the Brief of Evidence, which is where it details

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<v Speaker 1>the allegations, this week, but lawyers told a magistrate in

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<v Speaker 1>Sydney's Downing Center Local Court they would need until September.

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<v Speaker 1>The Crown has said it wants to seek orders under

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<v Speaker 1>the National Security Information Act, which allows for suppression of

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<v Speaker 1>details that could affect Australia's national security from entering the

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<v Speaker 1>public domain. At a hearing in September, a judge will

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<v Speaker 1>need to determine how the Commonwealth's push for a suppression

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<v Speaker 1>is balanced with Robert Smith's right to a fair trial.

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<v Speaker 1>Robert Smith was awarded the Medal for Gallantry and Victoria

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<v Speaker 1>Cross for his service, but now he faces five charges

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<v Speaker 1>of war crime murder for his actions on three days

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<v Speaker 1>spread between two thousand and nine and twenty twelve. The

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<v Speaker 1>case against Robert Smith will rely in part on the

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<v Speaker 1>testimony of his former comrades, including four soldiers who've admitted

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<v Speaker 1>they were complicit in executing detainees. Those soldiers have been

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<v Speaker 1>granted immunity deals and their identities have been suppressed in

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<v Speaker 1>a deal with the Commonwealth Director of Public Prosecutions. Each

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<v Speaker 1>of those men was a junior Special Forces soldier in

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<v Speaker 1>the Australian Army's Special Air Service Regiment. Robert Smith is

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<v Speaker 1>charged with shooting one Afghan man dead, jointly murdering another,

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<v Speaker 1>and ordering the execution of three men. The Commonwealth alleges

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<v Speaker 1>the men were under the control of Australian forces at

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<v Speaker 1>the time and their killings were not lawful as part

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<v Speaker 1>of battle. Robert Smith maintains his innocence.

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<v Speaker 2>I'm proud of my service in Afghanistan. While I was there,

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<v Speaker 2>I always acted within my values, within my training and

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<v Speaker 2>within the rules of engagement. I'd also like to say

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<v Speaker 2>that I'm extremely proud of all of the men and

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<v Speaker 2>women that served alongside me in Afghanistan, and their service

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<v Speaker 2>and sacrifice should never be forgotten, particularly those who made

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<v Speaker 2>the Oldermate sacrifice, many of whom were my friends.

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<v Speaker 1>Check out that unfolding story live right now at the

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<v Speaker 1>Australian dot com dot au and come back to the

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<v Speaker 1>front first thing in the morning for our good look

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<v Speaker 1>at a giant stink blowing up within the federal labor

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<v Speaker 1>government over the future of warfare. What are orcas alliance

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<v Speaker 1>with America and Britain means for the submarines and the

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<v Speaker 1>safety of the country. That's right here, Thursday morning,