Why This Matters
- Roberts-Smith's prosecution is a landmark war crimes case, and the interview gives him a direct line to a large talkback audience before he stands trial.
- The legal vetting shows how carefully media outlets must tread when covering pending criminal trials, where publicity can put proceedings at risk.
- The competing claims over who secured the interview underline how commercially and politically valuable access to the former soldier has become.
Background
Roberts-Smith is a former Special Air Service Regiment corporal who was awarded the Victoria Cross and was long celebrated as one of Australia's most decorated living soldiers. In 2018, three newspapers, including The Age, published articles alleging he committed war crimes while serving in Afghanistan. He sued for defamation; after a lengthy trial, the Federal Court found in 2023 that the allegations were substantially true, and an appeal was dismissed the following year.
Criminal charges followed. He was arrested this year and is now preparing to face five charges of the war crime of murder, in a prosecution that has drawn intense public and political attention. The 2GB interview is part of a broader contest among media figures to secure his first broadcast appearance.
Key Perspectives
2GB and Ben Fordham: The station has recorded the interview and is having lawyers review it before setting an air date, an acknowledgment of the risk that material could prejudice the trial. A 2GB spokesperson declined to comment, and Fordham was approached for comment.
Roberts-Smith and his legal team: Roberts-Smith's lawyer declined to comment on his behalf. The involvement of lawyers in the interview process suggests his defence is mindful of the pending trial, and Roberts-Smith has previously denied allegations against him.
Kyle Sandilands: The former radio host claimed in August that he had secured the interview, telling Karl Stefanovic "I've got him locked". Roberts-Smith's representatives denied the claim, and no such interview has emerged.
Critics and sceptics: Questions are likely to focus on whether a commercial talkback program is an appropriate venue for a defendant to speak ahead of a war crimes trial, and on how 2GB is exercising its editorial independence under its new owners, the Laundy family.
What to Watch
- The air date: 2GB has not confirmed when the interview will run, and it will only air once lawyers are satisfied it cannot prejudice the trial.
- The trial timetable: any pre-trial hearings or scheduling changes could affect whether and when the interview is broadcast.
- The content of the interview: what Roberts-Smith says about the allegations, and whether prosecutors or defence lawyers raise concerns about anything that goes to air.