Elon Musk Reacts to Ben Roberts-Smith’s Arrest
Billionaire Elon Musk has made a notable comment on the arrest of Ben Roberts-Smith, a former SAS soldier accused of war crimes. Musk, who is known for his ownership of Tesla, SpaceX, and the social media platform X (formerly Twitter), responded to a post by Australian activist Drew Pavlou with just three words: “This sounds insane.”
Pavlou had shared a message in support of Roberts-Smith, ending with the phrase “Free Ben Roberts-Smith.” The former soldier was arrested at Sydney Airport and now faces five counts of the war crime of murder. According to police, he is alleged to have intentionally caused the death of two people and aided and abetted others in causing the death of a third individual.
Roberts-Smith is scheduled to appear in court on Wednesday. His case has sparked significant public interest and debate.
Political Support and Public Reaction
Pauline Hanson, a prominent figure from the One Nation party, quickly came to Roberts-Smith’s defense. She expressed her continued support for the former soldier, stating on X: “I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today.”
Hanson emphasized that Roberts-Smith and his family need the backing of the Australian people. She added, “Ben, his immediate and broader defence family need the Australian people’s support right now and I will not abandon him like so many other politicians.” She also highlighted the emotional impact of the arrest, noting that it occurred in front of his twin 15-year-old daughters.
Meanwhile, Greens senator David Shoebridge shared a screenshot of an article about the arrests, simply commenting, “Good.”
Legal Background and Previous Rulings
In 2023, Justice Anthony Besanko dismissed Roberts-Smith’s defamation lawsuit against Fairfax newspapers. The ruling stated that, based on the balance of probabilities, the soldier was involved in the murder of four unarmed Afghan men. This decision has since been cited as a key factor in the recent criminal charges.
Justin Quill, a partner at top-tier law firm Thomson Geer, commented on the situation, saying that while the criminal charges were not unexpected, they still represent a dramatic fall from grace for Roberts-Smith.
“Although it’s not surprising, for most of us he probably hasn’t been in our minds much and it is such a spectacular fall from grace that it is still – in that respect – surprising. This case has been, and will continue to be, pretty unprecedented in its context and size. This is effectively a war crime hearing in Australia. We’ve never had such a trial, although one soldier has been ordered to stand trial at a later date.”
Similar Cases and Legal Standards
Oliver Schulz, 43, was charged in 2023 with the war crime of murder after helmet-cam footage published by the ABC showed the shooting death of Afghan man Dad Mohammad in 2012. Schulz pleaded not guilty in the NSW Supreme Court in October and is not expected to stand trial until 2027.
Quill pointed out a crucial distinction between the 2023 ruling and the current criminal charges. He explained that the previous decision was made under the civil ‘balance of probabilities’ standard, not the criminal ‘beyond reasonable doubt’ standard.
“Therefore you shouldn’t assume because of Justice Besanko’s findings that the criminal court will necessarily make the same findings,” he said.
The six-month gap between Roberts-Smith’s last legal challenge against the defamation ruling and Tuesday’s arrest led Quill to believe that the Australian Federal Police may have additional evidence not yet presented in court.
