Ben Roberts-Smith arrested and charged with war crimes in Afghanistan
Consensus Summary
Ben Roberts-Smith, Australia’s most decorated living soldier and Victoria Cross recipient, was arrested at Sydney Airport on May 21, 2024, and charged with five counts of war crimes—murder in relation to alleged killings of unarmed Afghan civilians between 2009 and 2012. The charges stem from a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator, involving testimony from SAS soldiers who alleged Roberts-Smith ordered or participated in executions of detainees. The arrests followed a 2023 defamation trial where Justice Anthony Besanko found, on the balance of probabilities, that Roberts-Smith was involved in the murders of four unarmed Afghan men, a ruling upheld by the Full Court and High Court. Roberts-Smith spent his first night in custody at Silverwater Correctional Complex and did not apply for bail during his first court appearance. The charges carry a maximum penalty of life imprisonment, marking a dramatic fall from grace for a man once celebrated as a national hero. The investigation involved extensive measures, including phone tapping, raids, and securing witness cooperation, and is considered one of the most significant war crimes prosecutions in Australian history. Public and political reactions have been divided, with some figures like Pauline Hanson vowing to support Roberts-Smith, while others emphasize the importance of accountability and the rule of law.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday, May 21, 2024, by Australian Federal Police (AFP) and the Office of the Special Investigator (OSI).
- He was charged with five counts of the war crime of murder in relation to alleged killings of Afghan nationals between 2009 and 2012.
- The charges relate to incidents in Kakarak (Whiskey 108 compound, April 2009), Darwan (September 2012), and Syahchow (October 2012).
- Roberts-Smith was awarded the Victoria Cross in 2010 for 'most conspicuous gallantry' during the battle of Tizak in Afghanistan.
- Federal Court Justice Anthony Besanko ruled in 2023 that on the balance of probabilities, Roberts-Smith was involved in the murder of four unarmed Afghan detainees, a finding upheld by the Full Court of the Federal Court and the High Court.
- Roberts-Smith spent the night in Sydney’s Silverwater Correctional Complex after his arrest and did not apply for bail in his first court appearance on Wednesday, May 22, 2024.
- The maximum penalty for each count of war crime—murder is life imprisonment.
- The investigation involved testimony from SAS soldiers, including eyewitnesses who alleged Roberts-Smith ordered or participated in executions of unarmed detainees.
- Roberts-Smith’s arrest followed a five-year investigation by the OSI and AFP, involving phone tapping, raids, and securing witness cooperation.
- The Office of the Special Investigator (OSI) was established in 2022 to investigate alleged war crimes by Australian Defence Force personnel in Afghanistan.
Points of Difference
Details reported by only one source:
- Judge Lucas Swan described the request for an in-person court mention as 'very much so a pipe dream' and directed Portokalli to contact the Chief Magistrate’s Office again.
- AFP Commissioner Krissy Barrett described the investigation as 'meticulous and thorough' but did not disclose Roberts-Smith’s reaction at the airport.
- Roberts-Smith’s parents, Len and Sue, have always defended him and were visiting from Perth during the arrest.
- Roberts-Smith was dressed casually in a pale-coloured cap, blue button-up shirt, sneakers, and jeans during the arrest.
- Roberts-Smith’s girlfriend, Sarah Matulin, was wearing a flowing white dress and had her phone to her ear when she followed him off the plane.
- Roberts-Smith’s arrest was witnessed by passengers who described the scene as 'very weird' and 'very swift'.
- Roberts-Smith’s arrest was captured in footage showing him walking alongside investigators with his face blurred but his tattoos and stature unmistakable.
- The Guardian highlighted that Roberts-Smith’s arrest marks a 'cataclysmically higher' stakes situation compared to his defamation case, with potential life imprisonment.
- The Guardian noted that Roberts-Smith’s arrest was preceded by a defamation trial where he was found to have murdered unarmed civilians to the civil standard of 'balance of probabilities'.
- The Guardian mentioned that Roberts-Smith’s arrest was captured in a video by the AFP commissioner Krissy Barrett, detailing the alleged circumstances of the war crimes.
- The Guardian described the arrest as a 'spectacular fall from grace' for Roberts-Smith, who was once lionised as Australia’s most decorated soldier.
- The SMH described Roberts-Smith’s arrest as a 'historic moment for Australia’s legal system' and emphasized the tension between military heroism and the rule of law.
- The SMH included a quote from an anonymous SAS eyewitness who stated, 'Well, it’s all about the truth, and I think, honour. And we lost men in Afghanistan... how do you honour them? By telling the truth.'
- The SMH mentioned that Roberts-Smith’s arrest was captured by passengers on the plane who described the scene as 'very weird, very weird to know that there are very different lives being led on that plane'.
- The SMH highlighted that Roberts-Smith’s arrest could have a 'massive impact on troops and people considering joining tier one military units'.
- Pauline Hanson posted on X that she would 'not abandon' Roberts-Smith, stating, 'Ben, his immediate and broader defence family need the Australian people’s support right now.'
- Newscoma reported that Senator David Shoebridge posted a screenshot of an article about the arrest and wrote, 'Good.'
- Newscoma mentioned that Roberts-Smith’s arrest was captured in a video showing him being escorted off the plane by AFP officers, with his face blurred but his tattoos and stature unmistakable.
- SBS reported that the Australian War Memorial is reviewing its display of Ben Roberts-Smith.
- The arrest was initially reported by Nine newspapers, which had previously published a series of articles in 2018 detailing allegations of war crimes against Roberts-Smith.
Contradictions
Conflicting information between sources:
- The Guardian and ABC both report Roberts-Smith did not apply for bail, but the Guardian notes he was not required to appear in court via videolink, while ABC states he was not present for the virtual court mention.
- The Guardian and ABC both report Roberts-Smith was arrested at Sydney Airport, but the Guardian mentions the arrest occurred in the morning, while ABC and The Age report it was around 11:15 AM.
- The Guardian and ABC both report Roberts-Smith was arrested at the domestic terminal, but The Age and SBS do not specify the terminal.
- The Guardian and ABC both report Roberts-Smith was not handcuffed during the arrest, but The Age and SMH do not specify this detail.
- The Guardian and ABC both report Roberts-Smith was escorted off the plane by AFP officers, but The Age and SMH describe the scene with slightly different phrasing regarding the number of officers and their attire.
Source Articles
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