“But the last thing I’d say is this: it speaks so much to the power of an independent judicial system. There are many, many countries in the world that would just as happily sweep all this stuff under the rug.
“In our country, in our own democracy, where the separation of powers is real ... and where the courts are independent, they make findings, unapologetically, based on the facts.”
Kevin Rudd with US President Joe Biden in the Oval Office.
Roberts-Smith’s defamation trial was launched in 2018 and concluded in July last year after 110 days, 41 witnesses and more than $25 million in legal costs. One of the central allegations made was that Roberts-Smith kicked an unarmed and handcuffed Afghan villager named Ali Jan off a small cliff in Darwan on September 11, 2012, before procuring soldiers under his command to shoot the villager.
Another allegation centred on Roberts-Smith’s involvement in two murders during an earlier mission on Easter Sunday, 2009, after two Afghan men were discovered in a tunnel in a compound called Whiskey 108. The newspapers alleged Roberts-Smith killed one of the men himself and directed a “rookie” soldier to kill the second man as a form of initiation.
Rudd, who also used to run the Asia Society and is one of the nation’s foremost experts on China, was speaking on Tuesday (US time) at an event hosted by the Centre for Strategic and International Studies, a Washington-based think tank.
During the hour-plus session, he also talked about the need to build up “guard rails” against China; the progress of the AUKUS submarine pact; and the broader alliance between the US and Australia.
Under the AUKUS deal announced in March, Australia will buy at least three Virginia-class submarines from the US while building capacity to develop its own locally made nuclear-powered subs, sometime in the 2040s, in a bid to safeguard the Indo-Pacific from the threat of Beijing.
However, questions remain about the lengthy time frame, the extraordinary cost to taxpayers, and the maze of US export control laws that must be reformed for America to share nuclear technology secrets with Australia.
In Congress, Democrats and Republicans have suggested giving Australia a special exemption to accelerate the delivery of its nuclear-powered fleet. Last month, legislation was also introduced by two Republicans – Senator James Risch and Senator Bill Hagerty – in the form of the TORPEDO Act, which would fast-track the implementation of the pact by reforming the regulatory system.
“Unfortunately, the Biden administration’s implementation of AUKUS is not only failing to move at the speed of relevance given the China threat, but it is also evident both pillars of the agreement face major, structural challenges,” Risch said at the time.
Asked about the progress of AUKUS, Rudd told the audience: “I think we can find a landing point. I’ve now been around most of the Senate and House committees, and we’re working respectfully with senators, members and their staff and I see a great will on the part of the folks I’ve spoken to – including in the administration – to get this done.”
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