Australia’s richest person Gina Rinehart has questioned the decision to prosecute Ben Roberts-Smith, arguing the case raises serious concerns about cost, fairness, and the treatment of veterans. 

However Australia’s second-longest serving prime minister has defended it as necessary to maintain the rule of law.

The former SAS soldier was arrested in Sydney and charged with five counts of “war crime – murder” over alleged incidents in Afghanistan between 2009 and 2012.  

He has not entered a plea and is expected to fight the charges. 

Ms Rinehart said she could not understand why such significant resources had been spent pursuing the case. 

“I don’t understand how it can be justified to spend more than $300 million to try for years to bring SAS veterans, who have served our country, towards criminal proceedings, and most recently the arrest of Ben,” she said. 

Her comments place the focus on the length and cost of the investigation, which has run for years before charges were laid. 

Ms Rinehart also pointed to the nature of military service, highlighting the expectations placed on those deployed in conflict zones. 

“As the recently passed, Brigadier George Mansford succinctly stated, ‘The oath to serve your country did not include a contract for the normal luxuries and comforts enjoyed within our society. On the contrary, it implied hardship, loyalty and devotion to duty’,” she said. 

She said the case comes at a time when Australia faces broader defence challenges, including recruitment and morale. 

“Have we lost sight of the fact that in our inadequately defended country, facing uncertain times, the morale of our defence force has already been brought to its lowest ebb since inception,” she said. 

“Our defence personnel numbers are inadequate, and recruitment is suffering.” 

Ms Rinehart warned that cases like this risk further damaging confidence within the military. 

Her remarks also touched on the wider implications for how Australia treats those who have served in combat. 

“Like many Australians, I hope that compassion and the Aussie spirit is extended to Ben and his family and his duty to our country in the hardship of war is never forgotten,” she said. 

In contrast to Ms Rinehart, former Liberal prime minister John Howard has defended the decision to bring the prosecution.

Mr Howard shared the concerns for Australia’s veteran community, saying the arrest of Mr Roberts-Smith would rightly “tug at the heart strings of millions of Australians”.

“This is a difficult issue for many, as it tests to the limits not only our respect for Australian values, but the deep and special reverence we have for those who put their lives on the line to keep us safe,” Mr Howard said in a statement released on Wednesday.

“Ben Roberts-Smith is better known than most amongst the countless thousands of men and women who have served in the Australian Defence Force.

“In the years that I was prime minister it was my privilege to meet many of them; as a cohort of men and women they were deeply impressive. Their welfare has remained in my prayers.”

The former Liberal prime minister said that as the “most decorated Australian serviceman alive”, many Australians would view Mr Roberts-Smith as the modern personification of the nation’s Anzac tradition.

“That tradition is held dearer by our fellow Australians than any other in our proud history,” he said.

Mr Howard said Mr Roberts-Smith was not only entitled to the presumption of innocence, but that Australians would expect his trial to be conducted in accordance with “the best traditions of our justice system and as expeditiously as possible”. 

But Australia’s second-longest serving prime minister also defended the prosecution as a necessary defence of the Australian values that so many Australians devoted their lives to defending.

“Our nation has been fortunate in having the enduring commitment of so many who were willing to devote their lives to the defence of Australian values, usually in circumstances beyond both the comprehension and experience of Australians living in ordinary civilian life,” Mr Howard said.

 “One of those core values is the rule of law. This requires the fair trial of any accused person. Fundamental to the operation of the rule of law is that no man or woman is above or beyond its reach.”