Former Special Air Services soldier Ben Roberts-Smith will spend the night behind bars after being formally charged with five counts of alleged war crime – murder.
Roberts-Smith, 47, was arrested at Sydney Domestic Airport today after he arrived on a flight from Brisbane.
Images show officers handcuffing Roberts-Smith in what appears to be an air bridge between the plane and the tarmac.
READ MORE: Witnesses describe moment former decorated soldier was arrested at busy airport
Roberts-Smith was wearing a baseball cap, a blue polo shirt, trainers and jeans as he was led from the plane and into an AFP car.
The Victoria Cross recipient was formally charged with five counts of alleged war crime – murder this afternoon.
He will not face court today, and as a result will remain behind bars until at least tomorrow morning, when he will be able to apply for bail. He was taken from Mascot police station to Silverwater Correctional Complex this evening.
The charges, if proved in a court of law, carry a maximum sentence of life in prison.
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The Victoria Cross recipient served in multiple theatres overseas during his service with the armed forces, including Iraq and Afghanistan.
Australian Federal Police Commissioner Krissy Barrett said Roberts-Smith would be charged today and was expected to face court.
It will be alleged that Roberts-Smith either carried out or "aided, abetted, counselled or procured" others to carry out the killings in Afghanistan between 2009 and 2012.
Roberts-Smith has been charged with five offences under section 268.70(1) of the Criminal Code:
- Aid, abet, counsel or procure an offence – War crime – murder-SI
- Actual offence – War crime – murder-SI
- Aid, abet, counsel or procure an offence – War crime – murder-SI
- Aid, abet, counsel or procure an offence – War crime – murder-SI
- Joint commission to an offence – War crime – murder-SI
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Barrett said the alleged victims were not believed to have been "taking part in hostilities" when they were killed.
She alleged they were all shot dead, either by Roberts-Smith, or by subordinates on his orders and in his presence.
If found guilty, Roberts-Smith faces a maximum sentence of life in prison.
Barrett took the time to urge Australians to offer support to the ADF and families of service members and ex-service members, who she said she expected to be affected by the news.
"The overwhelming majority of our ADF do our country proud," she said.
"Today's charges are not reflective of the majority (of) members."
READ MORE: How a five-year investigation led to Ben Roberts-Smith's arrest at Sydney Airport
She confirmed the investigation remained open and urged anybody with information to approach the Office of the Special Investigator (OSI).
OSI director of investigations Ross Barnett emphasised the complexity of the investigation, noting the obvious restrictions on access to witnesses and crime scenes, as well as Afghanistan being a hostile country under Taliban rule.
Pauline Hanson speaks in support of Roberts-Smith
Most political leaders today steered clear of what will now be a legal battle but One Nation leader Pauline Hanson and former Australian prime minister Tony Abbott doubled-down on their support
"I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today," Hanson said.
"Ben, his immediate and broader defence family need the Australian people's support right now and I will not abandon him like so many other politicians."
Abbott said it was "wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life".
"If Ben Roberts-Smith transgressed, why wasn't this picked up prior to his gallantry awards and why wasn't any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?" he said, in a social media post.
Prime Minister Anthony Albanese said he had "no intention of commenting on a matter that's clearly before the courts".
Opposition Leader Angus Taylor said the "The vast majority of our special forces do the right thing.
"They are incredible people serving this nation and playing an extremely difficult role," he said.
Five-year investigation
The investigation began in 2021.
"Often we have to start our investigation with a photo or two of the battlefield, some contemporary ADF reporting, and potentially some third-party eyewitness testimony," Barnett said.
In 2023, Roberts-Smith lost a defamation suit he launched against Nine newspapers The Age and the Sydney Morning Herald after an investigation published reports he had committed alleged war crimes during his Afghanistan deployment.
Nine is the publisher of this website.
The judge found, to the civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and had broken the rules of military engagement.
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Roberts-Smith has always denied any wrongdoing in his service.
Once celebrated as Australia's most decorated soldier, Roberts-Smith received the Medal for Gallantry in 2006, the Victoria Cross in 2011, and the Distinguished Service Medal in 2012.
He joined the armed forces in 1996, and was appointed to the Special Air Service Regiment, Australia's most elite fighting force, in 2003.
He was discharged in 2013.
If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
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