Ben Roberts-Smith Arrest: Law Expert Reveals What’s Really Going On
4/14/20261 hr 3 min
James Glissan is a criminal defence lawyer who has stood on both sides of the courtroom as a former police officer and prosecutor, giving him unique insight into how Australia's justice system actually works.
In this conversation, we examine the controversial Ben Roberts-Smith case and what it reveals about prosecutorial decisions, media influence, and the fundamental challenges facing our legal system. Glissan breaks down the critical differences between civil and criminal standards of proof, the complexities of war crimes prosecution, and why this case represents a significant test for Australia's justice system.
We also explore...
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First 90 secondsMark Bouris· Host0:00
James Glisson, welcome to Straight Talk, mate.
James Glisson· Guest0:02
Thank you.
Mark Bouris· Host0:03
And as a, like a, I really appreciate you coming on. Um, you're a, a practice manager of, um, Glisson & Associates. They're lawyers. You've got two offices here in Sydney. Um, you've spent time, I think, as a police prosecutor for a while.
James Glisson· Guest0:15
Yeah, and a police officer as well. Yeah.
Mark Bouris· Host0:17
And a police officer as well.
James Glisson· Guest0:17
Yeah.
Mark Bouris· Host0:18
Just give us a quick rundown of what your experience has been, both as a cop, police prosecutor, you know, what your law firm does, the sort of work you do, and why... And we're gonna talk about Ben Roberts-Smith in a moment.
James Glisson· Guest0:29
Yep.
Mark Bouris· Host0:29
But wh- where's the relevance between what you have learned, what you have seen, what you do relative to what we might be talking about in relation to Ben Roberts-Smith?
James Glisson· Guest0:37
So it's interesting, like the police still have that, where you go and, and be a prosecutor, but you have to spend time on the beat first.
Mark Bouris· Host0:43
Oh, it's still the same?
James Glisson· Guest0:44
Yeah, it's still the same.
Mark Bouris· Host0:45
Right.
James Glisson· Guest0:45
So it's called the Accelerated Prosecuting Recruitment program, and when I joined they didn't have it. It wasn't operating. It is now. Uh, and with that program you spend like one year on the street, whereas when I joined, 'cause it didn't exist, it was three. So I went through and I went through the academy. Um, I did that while I was finishing my law degree, which was a terrible decision. It was a lot of work in a very short amount of time. Uh, and then I prosecuted after I'd finished all my, my beat policing, my street policing in the city. Um, so it was really interesting having that background because, especially in a criminal context, because it's no longer theoretical or academic, right? Because I've exercised the powers to arrest people, and I've seen the