Australia's Most Decorated Soldier Arrested on War Crimes Charges
Ben Roberts-Smith, Australia's most decorated living soldier, has been taken into custody and charged with five counts of war crime murder. The 47-year-old retired SAS corporal was arrested at Sydney Domestic Airport on Tuesday morning after arriving on a flight from Brisbane with his two teenage daughters.
Footage captured the dramatic moment as the two-metre-tall Victoria Cross recipient was escorted along the tarmac by Australian Federal Police officers into a waiting vehicle. He was formally charged that afternoon and made a brief court appearance before spending the night in jail.
Legal Proceedings and Allegations
Roberts-Smith's lawyers did not apply for bail on Wednesday, with a bail review hearing scheduled for April 17. The case itself has been adjourned until June 4. Prosecutors are now assembling a comprehensive brief of evidence to support their allegations.
The charges include allegations that Roberts-Smith intentionally caused the death of two non-combatants in Afghanistan between 2009 and 2012. He is also accused of aiding, abetting, counselling or procuring another person to commit murder on three separate occasions. Each offence carries a maximum penalty of life imprisonment.
AFP Commissioner Krissy Barrett stated at a press conference that police will allege the victims "were not taking part in hostilities" and were "detained, unarmed, and were under the control of the ADF members when they were killed." She further alleged that "the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused."
Specific Incidents Under Investigation
April 2009: Kakarak, Uruzgan Province
The first two charges relate to alleged killings during a raid on a Taliban compound known as Whisky 108 on Easter Sunday 2009. During a previous defamation case Roberts-Smith brought against Nine Newspapers and journalists Nick McKenzie and Chris Masters, Justice Anthony Besanko found that Roberts-Smith had likely murdered one man by shooting him in the back with a machine gun.
Several SAS soldiers provided varying accounts of the incident during the defamation trial. One soldier alleged Roberts-Smith frogmarched the man outside the compound, threw him to the ground and fired into his back. Another claimed Roberts-Smith flipped the man onto his stomach before shooting him.
The man's prosthetic leg was allegedly souvenired by another soldier and used as a drinking tool at the ADF base's unofficial bar known as The Fat Ladies Arms. Justice Besanko also found that Roberts-Smith had likely ordered another soldier to shoot an elderly Afghan man in the head to "blood the rookie."
September 2012: Darwan, Uruzgan Province
The third charge involves the alleged aiding or abetting of another soldier to kill a handcuffed Afghan shepherd named Ali Jan. During the defamation case, the court heard that Roberts-Smith had kicked Ali Jan off a 10-metre cliff before the shepherd was shot.
Roberts-Smith and his elite forces team were in Darwan hunting for a rogue Afghan army sergeant named Hekmatullah, who had murdered three Australian soldiers. According to testimony, Ali Jan was detained and interrogated by Roberts-Smith before being kicked in the chest and sent over the cliff.
October 2012: Syahchow, Uruzgan Province
The fourth and fifth charges relate to alleged killings in Syahchow in October 2012. During the defamation trial, the court heard Roberts-Smith directed a rookie soldier to kill an Afghan prisoner in another "blooding" ritual. The soldier allegedly shot the man on Roberts-Smith's orders and placed weapons on his body to suggest he was a Taliban fighter.
Police will also allege Roberts-Smith intentionally caused the death of a second Afghan man with the help of another person during the same incident. Evidence suggested the duo placed military equipment on the man's body before photographing it - objects known as "throw-downs" used to suggest unarmed prisoners were combatants.
Defence and Ongoing Legal Battle
Roberts-Smith has consistently maintained his innocence throughout these allegations. During the defamation trial, he strenuously denied claims regarding the deaths of the two men in April 2009, telling the court: "That's false."
Regarding the Darwan incident, Roberts-Smith and another soldier maintained during the defamation trial that the incident didn't happen, claiming they had engaged and killed a Taliban "spotter" carrying a radio.
For the Syahchow allegations, Roberts-Smith denied ordering any executions, telling the court the bodies of two men were found in a wooded area after a skirmish when an Australian soldier threw a grenade into the area where insurgents were located.
The criminal trial will operate under the presumption of innocence, with the prosecution required to prove their case beyond reasonable doubt - a significantly higher standard than the civil court standard applied in the defamation case.
