Aussie Lawyer Breaks Down Ben Roberts Smith Arrest
Australia's most decorated living soldier has been arrested and charged with war crimes. And almost everything being reported right now is missing the legal reality of what actually happens next.
I'm James Glissan a former police officer, former police prosecutor, now a criminal defence lawyer. This is the breakdown nobody else is giving you.
⚖️ In this video:
Why this is NOT a court martial and why that matters
How Australian law can charge conduct that happened in Afghanistan
The crucial difference between the civil findings and a criminal prosecution
What "beyond reasonable doubt" actually means in a war crimes case
Whether this will be a public or secret trial
What the timeline actually looks like from here
This is not a hot take. This is the law — explained clearly, so you actually understand what's happening.
⏱️ Chapters:
0:00 — The Arrest
1:13 — Why I Can't Comment on the Evidence (Sub Judice Explained)
1:49 — Why This Is NOT a Court Martial
2:49 — How A Solider Can Be Charge With Murder
4:02 — How Australia Can Charge Conduct In Another Country
5:49 — Civil Trial vs Criminal Trial — The Key Difference
7:11 — What The Prosecution Has to Prove
8:26 — Will This Be a Public or Secret Trial?
9:27 — What Happens Next
10:27 — Why Knowing This Matters
⚠️ This video discusses legal process and procedure only. It does not comment on the evidence, the merits of the case, or the guilt or innocence of any person. Sub judice rules apply.
💬 Got a legal question? Drop it in the comments! I read them all.
🔔 Subscribe for more explainers on how power actually works in Australia.
Aussie Lawyer Breaks Down Ben Roberts Smith Arrest #Law #WarCrimes #Australia #CriminalLaw #LegalBreakdown
0
0
0
0