Ben Roberts-Smith, Australia's most-decorated living soldier, will remain in custody after his legal team opted not to seek bail on charges related to alleged war crimes in Afghanistan.
The 47-year-old Victoria Cross recipient was arrested at Sydney Airport on Tuesday and now faces five counts of murder under war crime legislation. Roberts-Smith has consistently denied all allegations, previously describing them as "egregious."
"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," said AFP Commissioner Krissy Barrett.
This criminal case follows a landmark 2023 defamation judgment that found Roberts-Smith, a former corporal in Australia's elite Special Air Service Regiment, had killed several unarmed Afghans between 2009 and 2012. Those defamation proceedings—initiated by Roberts-Smith himself—marked the first judicial examination of war crime allegations against Australian forces.
During the defamation trial, Roberts-Smith's legal team argued that the alleged killings either occurred legally during combat operations or never happened at all. The judge ultimately determined that, on the balance of probabilities, there was substantial truth to the war crime allegations against the soldier who received Australia's highest military honor for bravery in 2011.
Commissioner Barrett emphasized that the investigation had been "complex and thorough," while noting that the misconduct allegations involved only a "very small section" of the Australian Defence Force. She added that the majority of personnel "do our country proud."
Roberts-Smith faces one charge of the war crime of murder, one count of jointly commissioning a murder, and three charges of aiding, abetting, counseling or procuring a murder. If convicted, he could face life imprisonment.
The decorated soldier is scheduled to appear in court again on April 17 via video link.