Australia's most decorated living soldier, Ben Roberts-Smith, was arrested at Sydney airport on Tuesday and charged with five counts of war crime murder. The 47-year-old former SAS corporal spent the night in a cell at Silverwater prison and is expected to appear in bail court on Wednesday. The maximum penalty for the offence is life imprisonment.
The charges relate to three incidents involving the deaths of Afghan nationals between 2009 and 2012. The Australian Federal Police (AFP) commissioner, Krissy Barrett, said it would be alleged that the victims were detained, unarmed, and under the control of Australian Defence Force members when they were killed. The Office of the Special Investigator, which began its probe in 2021, noted practical challenges including the inability to access crime scenes in Afghanistan.
Roberts-Smith previously lost a high-profile defamation case against three newspapers that published allegations he murdered unarmed civilians and bullied comrades. In that civil trial, a judge found on the balance of probabilities that he committed four murders while serving in the Special Air Service Regiment (SAS) in Afghanistan. He appealed unsuccessfully to the full bench of the federal court and the High Court refused a further appeal.
The alleged incidents include the deaths of two Afghan males at a location known as Whiskey 108 in Kakarak in 2009, and the death of Ali Jan in Darwan in 2012. The federal court found Roberts-Smith kicked Ali Jan over a cliff before ordering a subordinate to shoot him dead. A third incident involves the deaths of two civilians at Syahchow in 2012.
The Prime Minister, Anthony Albanese, declined to comment on the arrest, stating he would not prejudice a legal matter before the courts. Roberts-Smith, awarded the Victoria Cross for gallantry during the battle of Tizak, has denied any wrongdoing.
