Australia's most decorated living soldier has been arrested and charged with multiple counts of murder related to alleged war crimes during his service in Afghanistan.
Ben Roberts-Smith, a 47-year-old Victoria Cross recipient and former Special Air Service Regiment corporal, was taken into custody at Sydney Airport on Tuesday. He faces five charges, including one count of the war crime of murder, one count of jointly commissioning a murder, and three counts of aiding, abetting, counseling, or procuring murder.
Australian Federal Police Commissioner Krissy Barrett stated at a news conference: "It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of, the accused." The charges relate to incidents between 2009 and 2012 when Roberts-Smith served in Afghanistan.
"The OSI has been tasked with investigating literally dozens of murders alleged to have been committed in the middle of a war zone in a country 9,000km from Australia," said Ross Barnett, director of investigations at the Office of the Special Investigator. "We can't go to that country, we don't have access to the crime scenes... We don't have access to the deceased."
The arrest follows a landmark 2023 Federal Court defamation judgment that found Roberts-Smith had killed several unarmed Afghans. Justice Anthony Besanko determined that Roberts-Smith participated in at least four murders, including ordering unarmed men to be shot to "blood" rookie soldiers, kicking a handcuffed farmer off a cliff, and being involved in the death of a captured Taliban fighter whose prosthetic leg was taken as a trophy.
Roberts-Smith, who left the defense force in 2013, has consistently denied all allegations, previously calling them "egregious" and "spiteful." He lost an appeal against the Federal Court findings last year.
The case stems from the 2020 Brereton Report, which found "credible evidence" that elite Australian soldiers unlawfully killed 39 people in Afghanistan. The report recommended investigations into 19 current or former defense force members, with Roberts-Smith being only the second person charged so far.
Commissioner Barrett emphasized that the allegations involve "a very small section of our trusted and respected ADF," adding that "the majority of the ADF do our country proud."
Prime Minister Anthony Albanese declined to comment on the case, stating it was "very important that there not be political engagement" while the matter is before the courts.
The Australian War Memorial announced it will review its Ben Roberts-Smith exhibit, which has had its accompanying plaque repeatedly updated to reflect the ongoing allegations and legal proceedings.
Roberts-Smith was once considered a national hero after receiving Australia's highest military honor for single-handedly overpowering Taliban fighters attacking his SAS platoon. His seven-year defamation battle to clear his name, which cost millions of dollars, was described by some as Australia's "trial of the century."