Key Takeaways:
- A civil court found that Ben Roberts-Smith was responsible for the murder of four civilians in Afghanistan, but he has not been charged with a criminal offense.
- The Australian Federal Police (AFP) conducted a leak investigation that cost the career of a senior officer, Jian Jabbour, and led to further investigations and charges that were later thrown out.
- The investigation was based on a 22-minute phone call between Jabbour and former AFP commissioner Mick Keelty, who had met with Roberts-Smith.
- The AFP claimed that releasing documents related to the investigation would be too sensitive, but an Administrative Review Tribunal president ordered their release, citing public interest.
- The released documents vindicate Jabbour and Keelty, and suggest that the AFP was involved in a cover-up.
Introduction to the Investigation
The Australian Federal Police (AFP) conducted a leak investigation that has been widely criticized as a flawed and egregious abuse of power. The investigation was sparked by a 22-minute phone call between senior officer Jian Jabbour and former AFP commissioner Mick Keelty, who had met with Ben Roberts-Smith, a former soldier accused of war crimes in Afghanistan. The investigation cost Jabbour his career and led to further investigations and charges that were later thrown out. Despite the controversy surrounding the investigation, the AFP had attempted to keep documents related to the case secret, citing concerns about sensitivity and privacy.
The Leak Investigation
The leak investigation was based on a phone call between Jabbour and Keelty, who had met with Roberts-Smith in June 2018. Keelty and Jabbour both deny that any information about the war crimes referral was passed on during the call. However, after Keelty met with Roberts-Smith, the war criminal rang a confidant saying he believed he was likely to be investigated by the AFP. This led to suspicions that Jabbour had leaked information to Keelty, who had then passed it on to Roberts-Smith. The investigation was conducted by the AFP’s professional standards unit, led by Nigel Ryan, who took notes of a call between Keelty and deputy commissioner Neil Gaughan.
The Release of Documents
The documents related to the investigation were released after an Administrative Review Tribunal president, Emilios Kyrou, ordered the AFP to make them public. The AFP had claimed that releasing the documents would be too sensitive and would unreasonably affect people’s personal privacy. However, Kyrou ruled that the documents were in the public interest and should be released. The released documents include the final report by investigator Cheeseman, as well as statements from the three key police officers involved: Andrew Colvin, Neil Gaughan, and Nigel Ryan. The documents vindicate Jabbour and Keelty, and suggest that the AFP was involved in a cover-up.
The Aftermath of the Investigation
The investigation has had significant consequences for those involved. Jabbour lost his career and was subjected to further investigations and charges that were later thrown out. Keelty also lost his job and relinquished his Order of Australia in 2020 after his conversations with Roberts-Smith were revealed. The investigation has also raised questions about the AFP’s handling of the case and the use of power and resources to pursue a flawed investigation. Jabbour has said that he hopes the failed investigation will lead to better police procedures to prevent similar situations in the future.
The AFP’s Response
The AFP has responded to the release of the documents by saying that it welcomes the tribunal’s decision to uphold the majority of its exemption claims. However, the AFP did not answer questions about whether the Jabbour investigation was misconceived. The AFP’s statement suggests that the force is still trying to justify its actions and downplay the significance of the released documents. However, the documents suggest that the AFP was involved in a cover-up and that the investigation was flawed from the start.
Conclusion
The leak investigation conducted by the AFP has been widely criticized as a flawed and egregious abuse of power. The investigation was based on a phone call between Jabbour and Keelty, and led to significant consequences for those involved. The release of documents related to the case has vindicated Jabbour and Keelty, and suggests that the AFP was involved in a cover-up. The investigation has raised questions about the AFP’s handling of the case and the use of power and resources to pursue a flawed investigation. It remains to be seen what consequences the AFP will face as a result of the released documents, but it is clear that the investigation has damaged the reputation of the force and highlighted the need for greater transparency and accountability.

