Australia's most decorated living soldier, Ben Roberts-Smith, has been arrested at Sydney Airport and charged with five counts of war crime murder. The charges relate to three incidents in Afghanistan between 2009 and 2012, during his service with the Australian Special Air Service Regiment (SAS). The maximum penalty for the offence is life imprisonment.
The Australian Federal Police (AFP) and the Office of the Special Investigator announced the charges on Tuesday. AFP Commissioner Krissy Barrett stated that the victims were allegedly not taking part in hostilities at the time of their deaths, and were detained, unarmed, and under the control of Australian Defence Force members. Roberts-Smith spent Tuesday night in a cell at Silverwater prison and is due to appear in bail court on Wednesday.
The charges follow a failed defamation lawsuit by Roberts-Smith against three newspapers that published allegations he murdered unarmed civilians and bullied comrades. In that civil case, a judge found on the balance of probabilities that Roberts-Smith committed four murders while serving in Afghanistan, including kicking a man named Ali Jan in the chest before ordering a subordinate to shoot him. Roberts-Smith has denied any wrongdoing and lost subsequent appeals.
The Office of the Special Investigator's director, Ross Barnett, noted the challenges of investigating crimes in Afghanistan, including lack of access to crime scenes and postmortem reports. Prime Minister Anthony Albanese declined to comment, stating the matter is before the courts.
