Ben Roberts-Smith, Australia’s most-decorated living soldier, has denied all war crime allegations in his first public statement since being arrested on 7 April and released on bail, setting the stage for a criminal trial that could redefine accountability for Australian special forces.
The Victoria Cross recipient faces five counts of war crime murder related to the alleged killings of five unarmed Afghan civilians — a father and son, a farmer, and two detainees — during his service with the SAS in Afghanistan in 2009 and 2012. Prosecutors allege he either committed the killings himself, ordered subordinates to do so, or facilitated them through a pattern of misconduct that included planting evidence and detaining victims before execution.
Speaking from the Gold Coast where he is bailed, Roberts-Smith rejected the charges as part of a decade-long campaign to tarnish his reputation, insisting he “always acted within my values, within my training and within the rules of engagement.” He described his arrest at Sydney Airport as a “sensational and unnecessary spectacle” and vowed to use the trial to clear his name, saying, “I have never run from a fight in my life. I will never supply up.”
The criminal case follows a landmark 2023 civil defamation trial in which a Federal Court judge found, on the balance of probabilities, there was “substantial truth” to allegations published by Nine newspapers in 2018. That case was the first in Australian history to examine claims of war crimes by defence forces, and Roberts-Smith lost his appeal against the ruling last year.
He now faces one charge of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder under Australian war crimes legislation. The statement of facts tendered to the Modern South Wales Local Court alleges common themes across the killings: victims were unarmed, handcuffed and questioned prior to death, and no active enemy engagement occurred at the time — conditions under which the Australian Defence Force maintained full control of the battlespace.
Three serving or former soldiers are identified as witnesses relevant to the prosecution, though none have been named publicly. Roberts-Smith’s bail was granted on strict conditions, including a $250,000 security deposit (approximately A$250,000), with Local Court Judge Greg Grogin indicating the matter could take years to resolve.
A review has been launched into corrective services’ handling of his release from Sydney’s Silverwater Correctional Centre after staff appeared to shield him from public view during his exit. His partner Sarah, parents, and two daughters were present at his Gold Coast statement, where he thanked them and “the millions of Australians” who have offered support.
Roberts-Smith refused to take questions from the media, maintaining a tightly controlled narrative despite the gravity of the allegations. His case remains the most prominent test of whether Australia can hold its highest-ranking special forces personnel accountable for alleged battlefield misconduct.
What specific actions are prosecutors alleging Roberts-Smith took in Afghanistan?
Prosecutors allege Roberts-Smith either killed five unarmed Afghan civilians himself, ordered others under his command to do so, or facilitated the killings through a pattern that included detaining and questioning victims prior to execution, planting false evidence to make the killings appear lawful, and ensuring no active enemy engagement occurred at the time — meaning the Australian Defence Force had full control of the environment.
How does this criminal case relate to the earlier defamation case Roberts-Smith lost?
The criminal case builds directly on the 2023 Federal Court defamation trial, where a judge found on the balance of probabilities there was “substantial truth” to allegations that Roberts-Smith committed war crimes in Afghanistan. That civil case was the first to examine such claims against Australian forces, and Roberts-Smith’s failed appeal left him vulnerable to criminal prosecution, which he now faces.