[Rinzler89]

We can't send to jail, the same people the government previously praised as being national heroes. Discrediting him afterwards would also mean discrediting the government who didn't do their due diligence. So they'll cover for him in order to protect themselves. It's a story as old as humanity.

[strken]

We (thus far) have not been able to send him to gaol because the civil standard of proof is on the balance of probabilities but the criminal standard is beyond a reasonable doubt. Ben Roberts-Smith has been shown to have committed war crimes on the balance of probabilities, but not beyond a reasonable doubt.

I think that the government would probably prefer he be locked up, since the current situation is the worst of both worlds: he is legally a war criminal, but remains embarrassingly free and unpunished by the criminal justice system.

[femto]

Office of the Special Investigator (https://www.osi.gov.au) is the government agency that's running the criminal investigation.

[tsujamin]

Presumably the endless run of civil litigations has delayed the criminal cases to date

[Aeolun]

That’s why we change the government every x years, so they can blame it all on their predecessors.