Ben Roberts-smith was arrested at Sydney airport on Tuesday and charged over alleged war crimes linked to Afghanistan. Australian Federal Police said the 47-year-old former soldier is due in court for a bail hearing on Wednesday ET, after spending Tuesday night in a cell. The case follows earlier civil findings that examined allegations against him and now moves into the criminal process.
Charges follow arrest at Sydney airport
Police said the arrest happened after Ben Roberts-smith travelled from Brisbane to Sydney on Tuesday morning. The Australian Federal Police said he will face five counts of the war crime of murder, covering allegations tied to three incidents in Afghanistan between 2009 and 2012.
The force said the allegations involve Afghan nationals who were not taking part in hostilities at the time of the killings. Commissioner Krissy Barrett said it will be alleged the victims were detained, unarmed, and under the control of Australian Defence Force members when they were killed.
Police also said it will be alleged the victims were shot by the accused or shot by subordinate members acting on his orders and in his presence. Ben Roberts-smith left the defence force in 2013.
What investigators say about the case
The Office of the Special Investigator said the arrest was a significant step under challenging circumstances. Ross Barnett, director of investigations at the office, said the team has been tasked with investigating dozens of alleged murders committed in a war zone far from Australia, while facing major limits on access to crime scenes, physical evidence, and the deceased.
Barrett said allegations of misconduct were confined to a very small section of the Australian Defence Force, while noting that the majority of the force does our country proud. Prime Minister Anthony Albanese said earlier on Tuesday that he would not comment because the matter is before the courts, and added that there should be no political engagement.
The charges are the latest step in a case that has already drawn intense scrutiny in Australia. Ben Roberts-smith denied wrongdoing in the past and has previously described the allegations as egregious and spiteful.
How the case reached this point
A 2023 defamation judgement found that the former Special Air Service corporal and Victoria Cross recipient had killed several unarmed Afghans. The civil trial was the first time in history any court examined claims of war crimes by Australian forces, and he later lost an appeal against the Federal Court finding.
In 2020, the Brereton Report found credible evidence that elite Australian soldiers unlawfully killed 39 people in Afghanistan and recommended that 19 current or former ADF members be investigated. The Office of the Special Investigator was then set up, and has charged only one other person so far.
Ben Roberts-smith now faces the next court stage with the criminal case still in its early phase. The central question is whether the allegations can be tested to a criminal standard, with the bail hearing set for Wednesday ET and further proceedings expected to follow.
