Australia's most decorated living soldier, once celebrated for charging headfirst into enemy fire in Afghanistan and receiving the nation's highest military honour for extraordinary bravery, now finds himself behind bars. Ben Roberts-Smith, a former special forces operative, is accused of committing some of the most serious war crimes imaginable, marking a dramatic fall from grace for a man once hailed as a national hero.
A Heroic Past: The Actions That Earned the Victoria Cross
Long before his arrest, Roberts-Smith was lauded for his actions during a deadly mission in Afghanistan on June 11, 2010. His patrol was inserted by helicopter into the village of Tizak with the objective of capturing or killing a senior Taliban commander. Immediately, they came under heavy machine-gun and rocket-propelled grenade fire from enemy fighters positioned on elevated and fortified ground, which pinned the patrol down and wounded two soldiers.
According to an Australian War Memorial account, Roberts-Smith exposed himself to enemy fire in a bold attempt to draw attention away from his teammates. Advancing to within metres of enemy positions under intense fire, he engaged insurgents at close range, killing one at point-blank distance after spotting the man armed with a grenade. With what his Victoria Cross citation described as 'total disregard for his own safety', he then stormed fortified enemy positions armed with machine guns and rocket launchers, killing multiple insurgents.
His actions allowed his patrol to regain the initiative and ultimately clear the village. The citation reads: 'For the most conspicuous gallantry in action in circumstances of extreme peril. His acts of selfless valour directly enabled his troop to go on and clear the village… against a numerically superior enemy force.'
Rise to Prominence and Public Life
After being awarded the Victoria Cross in 2011, Ben Roberts-Smith was at the peak of his public life. He left the army in 2013, secured a University of Queensland MBA scholarship, and was awarded the Commendation for Distinguished Service the following year. His public profile soared as he went on to chair the National Australia Day Council, was named Australian Father of the Year in 2013, and became deputy chair of Tony Abbott's mental health advisory committee in 2014.
In April 2015, Kerry Stokes appointed him deputy general manager of regional television for Seven Queensland, and two months later he was promoted to general manager, cementing his status as a respected figure in Australian society.
The Downfall: Legal Troubles and Allegations
The decorated veteran’s courtroom troubles began in 2018, when he launched an unsuccessful defamation case against Nine newspapers over a series of explosive reports about alleged war crimes in Afghanistan. In a Federal Court ruling, Justice Anthony Besanko found that several of the allegations were substantially true on the balance of probabilities, rather than the criminal standard of beyond reasonable doubt. The articles, published in 2018, detailed claims Roberts-Smith has consistently denied.
Years later, Roberts-Smith is now behind bars after being arrested on the tarmac at Sydney Airport on Tuesday morning in front of his daughters, following an extensive investigation into whether he murdered Afghans while deployed between 2009 and 2012. He was charged with two counts of the war crime of murder and three counts of aiding or abetting the same offence.
Details of the Allegations
Australian Federal Police Commissioner Krissy Barrett said the victims were not taking part in hostilities at the time of their alleged murder in the war zone. 'It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed,' she told reporters. 'It will be alleged 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.'
The allegations include Roberts-Smith intentionally causing the death of two people in Afghanistan between 2009 and 2012. When asked if others were involved in those matters, the Office of the Special Investigator said investigations were ongoing.
Legal Proceedings and Custody
Roberts-Smith did not appear at a brief online NSW Bail Division Court hearing on Wednesday, when his case was first heard, and his lawyers did not make an immediate application for his release. They tried instead to have the matter listed for an in-person hearing at the city-centre Downing Centre Local Court later in the day but conceded that might not be possible. 'We understand that's a bit of a pipe dream,' his lawyer Jordan Portokalli told the bail court.
The judge agreed and re-listed the matter for June 4, meaning the Victoria Cross recipient will remain in custody for at least two months. Roberts-Smith has consistently denied the allegations, maintaining his innocence throughout the legal process.
This case highlights the complex and often contradictory nature of military service, where acts of heroism can be overshadowed by allegations of misconduct, raising profound questions about accountability and justice in war zones.
