SAS Hero's Emotional Breakdown in Court Over Domestic Violence Allegation
Throughout a grueling 110-day Federal Court defamation trial, Australia's most decorated soldier, Ben Roberts-Smith, faced numerous allegations of war crimes committed during his service in Afghanistan. However, it was a deeply personal accusation unrelated to his military past that ultimately triggered his emotional collapse in June 2021.
The Allegation That Broke the Soldier
During the year-long proceedings, barrister Bruce McClintock SC asked his client how he believed the public now viewed him. Roberts-Smith, a Victoria Cross recipient and former SAS corporal, visibly broke down, responding: "That's the problem. I don't know. I used to... Now I walk down the street, people will look at me. The first thing I think of is that they think I hit a woman."
The specific allegation that caused this distress was the claim that Roberts-Smith had punched his former mistress in the face, described in court as "deplorable." This accusation emerged amid broader allegations about his military conduct and complicated personal relationships.
Legal Findings and Ongoing Criminal Proceedings
Ultimately, Justice Anthony Besanko found that the war crime allegations were substantially true on the balance of probabilities, the civil court's evidentiary standard. These allegations have now resurfaced as criminal charges against the 47-year-old, which must be proven beyond reasonable doubt in the NSW Supreme Court.
While the judge did not find that Nine Newspapers had substantiated the 2018 domestic violence claim, he ruled it had "contextual truth" - meaning the proven allegations already damaged Roberts-Smith's reputation sufficiently that the unproven domestic violence claim did not materially worsen it.
Divided Loyalties Among the Women in His Life
The trial revealed deep divisions among the women connected to Roberts-Smith, mirroring the Australian public's polarized views about the former soldier. His ex-wife Emma Roberts and former mistress, known only as Person 17, both testified against him, while his current girlfriend Sarah Matulin and mother Sue Roberts-Smith remained steadfast supporters.
WhatsApp messages aired in court between Emma Roberts and her best friend Danielle Scott-Flanders revealed the bitterness of their separation. In one message, Emma used expletives to describe her ex-husband, expressing a desire to "punch the f***ing c*** in the face." In another, she called him "a dumb lying c***."
The Marriage and Its Bitter End
Emma and Ben Roberts-Smith's relationship began as an ideal military romance. They met at an army ball in 1998 when he was 19, married in 2003, and had twin daughters in 2010 - the same year he earned his Victoria Cross in the Battle of Tizak during his fourth Afghanistan deployment.
The marriage unraveled in 2018 when Person 17 arrived tearfully at the Roberts-Smith home, revealing the affair by showing Emma hundreds of text messages. The divorce was finalized in December 2020, and Emma testified against her ex-husband in 2022.
The Affair and Conflicting Accounts
Roberts-Smith's affair with Person 17 began in October 2017 after they met at a charity event. He admitted they stayed together in hotels across multiple Australian cities on 15 occasions until April 2018.
The newspapers alleged that Roberts-Smith assaulted Person 17 on the evening their affair ended, following an event in Canberra attended by then-Prime Minister Malcolm Turnbull. Person 17 testified that when she complained of a sore head from falling down stairs, Roberts-Smith punched her. Roberts-Smith repeatedly denied all assault allegations.
Current Relationship and Family Support
In 2021, as Roberts-Smith prepared for his defamation action, he began a public relationship with PR executive Sarah Matulin. The couple attended events together during the trial and were photographed exercising on weekends, though Matulin did not attend court hearings.
Roberts-Smith's parents, Sue and Len Roberts-Smith, have been unwavering supporters throughout his legal battles. They temporarily moved from Western Australia to Sydney during the defamation trial to support their son, stating publicly: "We are very proud of him for the father and son that he is. We love and care for him like every parent loves and cares for their child."
Political Dimensions and Future Testimony
The case took political dimensions when Sue Roberts-Smith sent a 39-page dossier to Liberal and National MPs criticizing Andrew Hastie, a former SAS captain who served alongside her son and testified against him. Hastie had stated in court that there was a widespread view within the SAS that Roberts-Smith was a bully.
This week, Hastie revealed he could be called to testify again in the criminal trial, urging Australians to "respect the rule of law, the criminal justice system, and the accused's right to a presumption of innocence and a fair trial."
As Roberts-Smith faces criminal proceedings in the NSW Supreme Court, the complex web of military allegations, personal relationships, and divided loyalties continues to unfold, with the domestic violence allegation that caused his courtroom breakdown remaining a pivotal moment in his legal saga.
