Ben Roberts-Smith Confronts Five War Crime Murder Charges Over Afghan Allegations
Ben Roberts-Smith, a former Australian SAS corporal and Victoria Cross recipient, is facing five charges of the war crime of murder, allegedly committed during his service in Afghanistan. According to court documents, his comrades have stated that he ordered them to execute unarmed civilians, with one incident involving him allegedly placing a man on his knees and instructing a fellow soldier to shoot him.
Witness Accounts Detail Alleged Executions
The statement of facts tendered to the New South Wales local court reveals that three soldier witnesses, granted indemnity by the Commonwealth Director of Public Prosecutions, have admitted their involvement in executing detainees at Roberts-Smith's direction or with his complicity. These witnesses, who were under his military command, provided written accounts detailing other murders they witnessed.
Common themes in the allegations include:
- Each victim was unarmed and in a location where insurgents might be suspected.
- Offences occurred without active enemy engagement, with the Australian Defence Force in control.
- Evidence was planted to falsely justify killings within rules of engagement.
- Victims were handcuffed, detained, and questioned before execution.
- None were killed in situations lacking Australian Defence Force control.
These allegations, which form the basis of the prosecution's case, have not been tested in court. Roberts-Smith, arrested and remanded in custody last week, was granted bail under strict conditions on Friday, with his trial not expected to begin for several years. He has not entered a plea but consistently denies any wrongdoing, with each charge carrying a potential life sentence.
Specific Charges and Incidents
Charges one and two relate to alleged murders at the village of Kakarak on 12 April 2009. Two unarmed men, Mohammad Essa and Ahmadullah, were found hiding in a tunnel. Ahmadullah, who wore a prosthetic leg, was allegedly shot multiple times by Roberts-Smith with a machine gun. Mohammad Essa was allegedly placed on his knees and shot by another soldier at Roberts-Smith's order, in an act described as "blooding the rookie."
Charge three involves an incident on 11 September 2012 in Darwan village. Roberts-Smith allegedly singled out farmer Ali Jan, who was kicked off a cliff and then shot by another soldier after being handcuffed and assaulted.
Charges four and five allege complicity in the murder of two prisoners in Syahchow village in October 2012. The men were shot dead, with Roberts-Smith allegedly throwing a grenade to support false claims of lawful engagement.
Bail Conditions and Trial Outlook
Roberts-Smith was bailed with conditions including forfeiting his passport, reporting to police three times weekly, and a $250,000 surety from his father. Prosecutors argued he was a flight risk, but the judge cited exceptional circumstances due to the lengthy trial delay. If the case proceeds, it will require a unanimous jury verdict, as majority verdicts are not permitted in Commonwealth cases.
