One Nation corflutes backing Ben Roberts-Smith spark legal warning

Political signage has been used in the Farrer by-election with messages of support for Ben Roberts-Smith. (ABC News: Erin Somerville) 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. The Farrer by-election takes place this Saturday. Link copiedShareShare articleOne 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. Signs depicting Ben Roberts-Smith have been used in the Farrer by-election campaign. (ABC News: Erin Somerville) The 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. Mr Roberts-Smith has been charged with five counts of war crime murder, 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 (AEC) said Australian electoral laws do not regulate signage content beyond requiring an authorisation statement. Military emblems are protected under the Defence Act 1903 and Trade Marks Act 1995. The Australian Defence Force (ADF) 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. One Nation did not respond to the ABC's 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. Richard Hendrie with his veterans' PTSD service animal, Havic. (Supplied: Richard Hendrie) 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. The signs may impact proceedings before the courts under sub judice contempt laws. "Ben Roberts-Smith VC MG is entitled to the presumption of innocence," Mr Hendrie said. 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 contempt," he said. Professor 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. "That constrains what the public can know about what's going on." Copy linkFacebookX (formerly Twitter)Top StoriesArrests planned when ISIS-linked families land in AustraliaTopic:Federal Government

One Nation corflutes backing Ben Roberts-Smith spark legal warning

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