A criminal psychology expert has provided detailed insight into why decorated Australian veteran Ben Roberts-Smith was not placed in handcuffs during his dramatic arrest at Sydney Airport this week. The 47-year-old Victoria Cross recipient was taken into custody by Australian Federal Police on Tuesday over allegations he murdered unarmed civilians while serving in Afghanistan between 2009 and 2012.
Calculated Police Decision
Criminal psychologist Tim Watson-Munro told the Daily Mail that multiple factors contributed to authorities' decision to arrest Roberts-Smith without restraints. "I'm sure they made a fairly calculated decision that he was not a risk of flight, he was not going to cause a ruckus, and that he would, in all likelihood, leave the airplane and the airport peacefully," Watson-Munro explained.
The expert suggested several possible considerations:
- Roberts-Smith's status as a Victoria Cross recipient
- His cooperation with authorities
- The presence of his twin daughters during the arrest
- His military training and likely composure
Maintaining Dignity
"Who knows, he may have asked that he not be cuffed," Watson-Munro speculated. "It may have been, notwithstanding the grave nature of the allegations, which have yet to be proven in a court of law, a mark of respect, given that he still holds a Victoria Cross."
Footage showed Roberts-Smith wearing a polo shirt, jeans and a cap as he was escorted from a Qantas flight from Brisbane to Sydney across the tarmac to a waiting police vehicle. A Nine News television crew had been waiting at the airport to film the arrest when the plane touched down.
Standard Police Protocol
Watson-Munro explained that police generally handcuff suspects for two primary reasons: "primarily to restrain - so you've got a heavy criminal, inevitably they will be handcuffed" and "to prevent a suspect from escaping or entering into a physical confrontation with officers."
Despite Roberts-Smith's "obvious physical prowess" and potential surprise at the arrest, the psychologist noted he wasn't likely to have "done a runner," particularly with his daughters present. "He had his two twin daughters with him, as I understand it. They observed all of this, and I would imagine that he was endeavouring to maintain his dignity," Watson-Munro said.
Military Composure
The expert suggested Roberts-Smith's military training likely contributed to his calm demeanor during the arrest. "So when officers arrived, I'm sure that he was quite surprised, if not shocked by their appearance," Watson-Munro observed. "But of course, he's a highly trained SAS soldier, so compared to what he has witnessed in warfare, I think the arrival of a couple of AFP members at Sydney Airport would not necessarily ruffle him. He seemed reasonably calm - part of his training, I think."
Legal Proceedings
Roberts-Smith, who has always maintained his innocence, will remain in custody for two months. During a mention in Bail Court on Wednesday, criminal lawyer Jordan Portokalli confirmed there was no application for bail. The matter has been scheduled for a brief status hearing on June 4, when the former SAS soldier will appear via audio-visual link from prison.
The charges against Roberts-Smith include:
- The war crime of murder on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan
- Aiding, abetting, counselling or procuring murder on or about 12 April, 2009
- Aiding, abetting, counselling or procuring murder on or about 11 September, 2012, at Darwan, Uruzgan Province
- Murder with another person on or about 20 October, 2012, in Syahchow, Uruzgan Province
- Aiding, abetting, counselling or procuring murder on or about 20 October, 2012
The maximum penalty for the offence of war crime - murder is life imprisonment.
Background Context
Roberts-Smith previously sued Nine newspapers and journalists Nick McKenzie and Chris Masters for defamation over their 2018 reports accusing him of war crimes. In 2023, Justice Anthony Besanko found the claims that Roberts-Smith was responsible for the murder of four unarmed male civilians while deployed in Afghanistan were substantially true.
He appealed his 2023 Federal Court loss, disputing Justice Besanko's findings and arguing they were not backed by sufficient evidence for such serious claims. Last year, Australia's highest court refused the former soldier's application to appeal the Federal Court findings.
Broader Investigation
The arrest resulted from a joint investigation between the AFP and the Office of the Special Investigator, which began in 2021. In total, authorities commenced 53 investigations involving allegations of war crimes by Australian Defence Force members in Afghanistan.
Officials have confirmed that 39 of these investigations are not being actively pursued, subject to further evidence emerging. Ten investigations into allegations of criminal offences under Australian law related to breaches of the Laws of Armed Conflict by ADF personnel remain ongoing.
One investigation has already resulted in another former SAS soldier being charged with murder, with that case listed for trial in February next year in the NSW Supreme Court.
