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 47-year-old former Special Air Service Regiment (SAS) corporal faces allegations related to the deaths of Afghan nationals between 2009 and 2012.
The Australian Federal Police (AFP) and the Office of the Special Investigator announced the charges on Tuesday. AFP Commissioner Krissy Barrett said it will be alleged that the victims were detained, unarmed, and under the control of Australian Defence Force members when they were killed, and were not taking part in hostilities at the time.
The charges stem from three incidents: the deaths of two Afghan males at a location known as Whiskey 108 in Kakarak in 2009, the death of a man named Ali Jan in Darwan in 2012, and the deaths of two civilians at Syahchow in 2012. In a previous civil defamation case, a federal court found on the balance of probabilities that Roberts-Smith had murdered unarmed civilians. He has consistently denied any wrongdoing.
Roberts-Smith spent Tuesday night in a cell at Silverwater prison and is due to appear in bail court on Wednesday. The maximum penalty for the offences is life imprisonment. The Office of the Special Investigator acknowledged the challenges of the case, including the inability to access crime scenes in Afghanistan or conduct post-mortems.
Prime Minister Anthony Albanese declined to comment, stating he does not want to prejudice a legal matter before the courts.
