Ben Roberts-Smith Arrested on Five War Crime Murder Charges

Ben Roberts-Smith was arrested and now faces five alleged war crimes involving murder charges. The arrest took place at Sydney’s domestic airport on Tuesday.

Arrest and immediate steps

Australian Federal Police carried out the arrest. The AFP identified the detainee as a 47-year-old former Australian Defence Force member.

He is expected to be charged under the Commonwealth Criminal Code. A New South Wales court appearance is scheduled for later on Tuesday.

Allegations and specific counts

The Office of the Special Investigator and the AFP say the matter arises from alleged conduct in Afghanistan. The joint agency states five counts of the war crime of murder will be laid.

• About 12 April 2009 — Kakarak, Uruzgan Province: one count of murder.
• About 12 April 2009 — Kakarak, Uruzgan Province: aiding or abetting a murder.
• About 11 September 2012 — Darwan, Uruzgan Province: aiding or abetting a murder.
• About 20 October 2012 — Syahchow, Uruzgan Province: murder committed with another person.
• About 20 October 2012 — Syahchow, Uruzgan Province: aiding or abetting a murder.

The maximum penalty for a war crime of murder is life imprisonment under Australian law.

Investigation background

The joint OSI-AFP probe began in 2021. It examines alleged breaches of armed conflict laws by ADF personnel in Afghanistan from 2005 to 2016.

The joint task force has opened 53 investigations. Thirty-nine inquiries are finalised unless new evidence appears. Ten other investigations remain active.

Related proceedings

One separate matter led to a former SAS soldier being charged with a single count of murder. That case is listed for trial in the NSW Supreme Court next February.

Official comments and reactions

AFP Commissioner Krissy Barrett outlined key allegations at a press conference. She said the alleged victims were not taking part in hostilities when killed.

Barrett added that the victims were allegedly detained, unarmed and under ADF control. She said the accused either shot the victims or directed subordinate members to do so.

The commissioner urged sensitivity for affected communities. She stressed that the alleged conduct relates to a small segment of the ADF.

Prime Minister Anthony Albanese declined to answer questions about the arrest. Pauline Hanson said she remains publicly supportive of Roberts-Smith.

Personal and legal history

Roberts-Smith is a recipient of the Victoria Cross and a former Special Air Service corporal. He has consistently maintained his innocence.

He previously lost a long-running defamation case against a group of newspapers. His final appeal in that matter was dismissed mid last year.

Filmogaz.com will continue to monitor the case as it progresses through the courts.