The highly decorated former Australian Defence Force member, Ben Roberts-Smith, 47, is facing five charges of War Crime – Murder over his alleged involvement in the death of Afghan nationals between 2009 and 2012.
Mr Roberts-Smith was arrested at Sydney Domestic Airport on April 7. He has been charged following a lengthy investigation led by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI). He spent the night in custody after he was refused bail.
The offence of War Crime – Murder carries a maximum penalty of life imprisonment.
Who is Ben Roberts-Smith?
Ben Roberts-Smith is a high-profile former member of the Australian Defence Force.
After his first tour of Afghanistan in 2006 he was awarded the Medal for Gallantry for his actions as a patrol scout and sniper. Following his fifth tour of Afghanistan, he was awarded The Victoria Cross for “conspicuous bravery”.
Three years later, in 2014, he was recognised with a commendation for distinguished service.
Mr Roberts-Smith left the ADF and began working for Channel 7, first as a TV presenter and later as an executive. In 2017, investigative journalists at The Age and The Sydney Morning Herald published reports that Mr Roberts-Smith committed alleged war crimes. Mr Roberts-Smith denied the allegations and sued the newspapers and journalists for defamation.
Did Ben Roberts-Smith win his defamation case?
No. The newspaper group and the journalists, Nick McKenzie, Chris Masters and David Wroe mounted a defence of substantial truth. On June 1, 2023, Federal Court Judge Anthony Besanko dismissed Mr Roberts-Smith’s action.
What are the charges Ben Roberts-Smith is facing now?
In 2021, the Office of the Special Investigator and the AFP began Operation Emerald-Argon. As a result, Mr Ben Roberts-Smith was charged with five offences of War Crime – Murder.
The AFP said in a statement prosecutors will allege the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. The victims were allegedly detained, unarmed and were under the control of ADF members when they were killed.
The AFP alleges 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.
What happens next?
Mr Roberts-Smith will now move through the criminal justice process. Investigative reporter Nick McKenzie told The Morning Edition will take “some years.”
“Never has such a high-profile, decorated soldier … faced so many serious criminal charges,” he said.
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