Former Special Air Services soldier Ben Roberts-Smith will be charged with five counts of war crime murder after a years-long investigation.
Roberts-Smith, 47, was arrested at Sydney Domestic Airport today after he arrived on a flight from Brisbane. The charges, if proved in a court of law, carry a maximum sentence of life in prison.
The Victoria Cross recipient served in multiple theatres overseas during his service with the armed forces, including Afghanistan.
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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 of five men in Afghanistan between 2009 and 2012.
Roberts-Smith, who is currently at Mascot police station, is expected to be charged with the following offences under section 268.70(1) of the Criminal Code (Cth):
- The war crime of murder, in that he intentionally caused the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan;
- The war crime of murder, with another person, in that they intentionally caused the death of a person, on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan; and,
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October, 2012, at Syahchow, Uruzgan Province, Afghanistan.
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."
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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.
Roberts-Smith has always denied any wrongdoing in his service.
More to come …
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