Former Special Air Services soldier Ben Roberts-Smith will be charged with five counts of alleged war crime – murder after a years-long investigation.
Roberts-Smith, 47, was arrested at Sydney Domestic Airport today after he arrived on a flight from Brisbane.
New images show officers handcuffing Roberts-Smith in what appears to be an air bridge between the plane and the tarmac.
The charges, if proved in a court of law, carry a maximum sentence of life in prison.
Images supplied by the Australian Federal Police show Roberts-smith being handcuffed within an air bridge at Sydney Airport. (AFP)Nine News captured footage of Ben Roberts-Smith being led into a waiting car on the tarmac of Sydney Airport. (9News)Ben Roberts-Smith has been arrested at Sydney Airport. (Sam Mooy)
The Victoria Cross recipient served in multiple theatres overseas during his service with the armed forces, including Iraq and Afghanistan.
Australian Federal Police Commissioner Krissy Barrett said Roberts-Smith would be charged today and was expected to face court.
It will be alleged that Roberts-Smith either carried out or “aided, abetted, counselled or procured” others to carry out the killings of five men in Afghanistan between 2009 and 2012.
Roberts-Smith, who is currently at Mascot police station, is expected to be charged with the following offences under section 268.70(1) of the Criminal Code (Cth):
The war crime of murder, in that he intentionally caused the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan;The war crime of murder, with another person, in that they intentionally caused the death of a person, on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan; and,The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October, 2012, at Syahchow, Uruzgan Province, Afghanistan.Dame Quentin Bryce awarded Ben Roberts-Smith with his Victoria Cross in 2011. (ADF/Chris Moore)AFP Commissioner Krissy Barrett said Ben Roberts-Smith will be charged with five counts of War Crime – Murder after a joint investigation between the Office of the Special Investigator (OSI) and the AFP. (Supplied)
Barrett said the alleged victims were not believed to have been “taking part in hostilities” when they were killed.
She alleged they were all shot dead, either by Roberts-Smith, or by subordinates on his orders and in his presence.
If found guilty, Roberts-Smith faces a maximum sentence of life in prison.
Barrett took the time to urge Australians to offer support to the ADF and families of service members and ex-service members, who she said she expected to be affected by the news.
“The overwhelming majority of our ADF do our country proud,” she said.
“Today’s charges are not reflective of the majority (of) members.”
Ben Roberts-Smith has been awarded multiple military decorations. (A Current Affair)
She confirmed the investigation remained open and urged anybody with information to approach the Office of the Special Investigator (OSI).
OSI director of investigations Ross Barnett emphasised the complexity of the investigation, noting the obvious restrictions on access to witnesses and crime scenes, as well as Afghanistan being a hostile country under Taliban rule.
The investigation began in 2021.
“Often we have to start our investigation with a photo or two of the battlefield, some contemporary ADF reporting, and potentially some third-party eyewitness testimony,” Barnett said.
In 2023, Roberts-Smith lost a defamation suit he launched against Nine newspapers The Age and the Sydney Morning Herald after an investigation published reports he had committed alleged war crimes during his Afghanistan deployment.
Nine is the publisher of this website.
The judge found, to the civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and had broken the rules of military engagement.
Ben Roberts-Smith arrives at the NSW Supreme Courts this morning in Sydney. 18th July, 2022. Photo: Kate Geraghty (Kate Geraghty)
Roberts-Smith has always denied any wrongdoing in his service.
Once celebrated as Australia’s most decorated soldier, Roberts-Smith received the Medal for Gallantry in 2006, the Victoria Cross in 2011, and the Distinguished Service Medal in 2012.
He joined the armed forces in 1996, and was appointed to the Special Air Service Regiment, Australia’s most elite fighting force, in 2003.
He was discharged in 2013.
If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
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