Australia’s most-decorated living soldier has been charged over allegations he committed war crimes in Afghanistan
Ben Roberts-Smith – who left the defence force in 2013 – was arrested at Sydney airport on Tuesday and will face court over five counts of the war crime of murder. He will spend the night in a cell, before a bail hearing on Wednesday.
A defamation judgement in 2023 found the former corporal in Australia’s Special Air Service Regiment (SAS) had killed several unarmed Afghans.
The 47-year-old Victoria Cross recipient denies all wrongdoing, and has previously said the allegations against him – which have not yet been assessed at a criminal standard – were “egregious” and “spiteful”.
The civil trial was the first time in history any court has examined claims of war crimes by Australian forces.
Roberts-Smith argued the alleged killings occurred legally during combat or did not happen at all, and last year lost an appeal against the Federal Court finding.
At a news conference in Sydney on Tuesday, the Australian Federal Police (AFP) confirmed a 47-year-old former soldier had been arrested and said he would be charged with killing unarmed detainees while serving in Afghanistan between 2009 and 2012.
He faces one charge of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murd3r.
“It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF [Australian Defence Force] in the presence of, and acting on the orders of, the accused,” Commissioner Krissy Barrett said.
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Crime does not pay