Ben Roberts-Smith arrested and charged with alleged 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 Tuesday after a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator. He was charged with five counts of war crime-murder related to alleged killings of unarmed Afghan civilians and detainees between 2009 and 2012. The charges stem from incidents in Kakarak (Whiskey 108 compound), Darwan, and Syahchow, where Roberts-Smith is alleged to have ordered or participated in the murders of civilians, including a man with a prosthetic leg and a farmer named Ali Jan. His arrest followed a defamation trial in 2023 where Justice Anthony Besanko ruled, on the balance of probabilities, that Roberts-Smith was involved in the murders of four unarmed Afghans. Despite denying all wrongdoing, Roberts-Smith was denied bail and remains in custody at Silverwater Correctional Complex. The case marks a historic moment in Australia, as it is the first time a decorated soldier faces criminal charges for alleged war crimes in Afghanistan. Witnesses, including fellow SAS soldiers, have come forward to support the prosecution, while Roberts-Smith’s legal team has indicated he will fight the charges. The arrest has sparked public debate, with some politicians and supporters defending him, while others emphasize the importance of accountability for alleged war crimes.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday, April 2024, after arriving from Brisbane on QF515 at 11:15 AM
- He was charged with five counts of the war crime of murder in relation to alleged killings in Afghanistan between 2009 and 2012
- The charges stem from a joint investigation by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI) spanning five years
- Roberts-Smith was awarded the Victoria Cross for gallantry in 2010 during the Afghanistan conflict and is Australia’s most decorated living soldier
- He was previously found liable for defamation in 2023 by Federal Court Justice Anthony Besanko, who ruled on the balance of probabilities that he was involved in the murder of four unarmed Afghan civilians
- Roberts-Smith spent his first night in custody at Silverwater Correctional Complex in Sydney after being denied bail
- The alleged incidents include killings in Kakarak (Whiskey 108 compound, April 2009), Darwan (September 2011), and Syahchow (October 2012)
- Roberts-Smith’s arrest occurred after he boarded a Qantas flight with his girlfriend and twin teenage daughters, who were unaware of the arrest
- The maximum penalty for each count of war crime-murder is life imprisonment
- Roberts-Smith’s first court mention was scheduled for June 4, 2024, with the brief of evidence to be served by May 21, 2024
Points of Difference
Details reported by only one source:
- Roberts-Smith’s arrest was captured in photos released by SBS, showing his arrest on the tarmac
- The Australian War Memorial is reviewing its display of Roberts-Smith’s Victoria Cross
- Roberts-Smith’s parents, Len and Sue, visited from Perth and celebrated Easter with him before the arrest
- Roberts-Smith wore a pale-colored cap, blue button-up shirt, sneakers, and jeans during the arrest
- His girlfriend, Sarah Matulin, wore a flowing white dress and had her phone to her ear during the arrest
- Roberts-Smith’s girlfriend and twin daughters were separated from him and placed in a different car after the arrest
- Roberts-Smith was driven to Mascot Police Station before being charged
- Roberts-Smith’s arrest was described as a ‘surprise’ by witnesses who did not know he was a war hero
- Roberts-Smith’s arrest was described as ‘very weird’ and ‘very sad’ by passengers who witnessed it
- Roberts-Smith’s arrest was captured in video footage by The Age, showing his reaction as he was approached by AFP officers
- The AFP commissioner Krissy Barrett stated that Roberts-Smith was arrested at Sydney’s domestic airport on Tuesday morning
- Roberts-Smith was arrested at the domestic terminal, not international
- The Guardian published a podcast detailing the arrest and its implications
- The Guardian reported that Roberts-Smith’s arrest was captured in video by the AFP
- The Guardian highlighted that Roberts-Smith’s arrest was preceded by a defamation trial where he was found liable for war crimes to the civil standard
- The Guardian included details about the alleged execution of a man with a prosthetic leg in 2009 and the use of his leg as a trophy by SAS soldiers
- The Guardian reported that Roberts-Smith’s arrest was captured in video by the AFP, showing him being escorted off the plane without handcuffs
- The ABC reported that Roberts-Smith’s arrest was captured in live footage showing his reaction to the AFP officers
- The ABC noted that Roberts-Smith’s arrest was part of a broader investigation into alleged war crimes by Australian special forces in Afghanistan
- The ABC highlighted that Roberts-Smith’s arrest was the second time criminal charges were laid against an ADF member for alleged war crimes in Afghanistan
- The ABC reported that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
- The ABC noted that Roberts-Smith’s arrest was captured in live updates and reactions from ABC readers
- Roberts-Smith’s solicitor Jordan Portokalli described the request for a court mention as a ‘pipe dream’
- Roberts-Smith’s matter was set down to be mentioned in court again on June 4, 2024, with the brief of evidence to be served by May 21, 2024
- Roberts-Smith’s arrest was described as a ‘surprise’ by his legal team, who did not expect the charges to be laid so soon after the defamation ruling
- Roberts-Smith’s arrest was captured in video footage by News Corp Australia, showing his reaction as he was approached by AFP officers
- The SMH reported that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
- The SMH included details about the alleged execution of Ali Jan, who was kicked off a cliff and then shot by Roberts-Smith’s order
- The SMH reported that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
- The SMH highlighted that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
- The Nine News reported that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
- The Nine News reported that Roberts-Smith’s arrest was captured in video footage by the AFP, showing his reaction as he was approached by officers
Contradictions
Conflicting information between sources:
- The Guardian and ABC both report Roberts-Smith was arrested at Sydney’s domestic terminal, but The Age and News Corp Australia do not specify the terminal type
- The Guardian and ABC report Roberts-Smith was not handcuffed during the arrest, but this detail is not mentioned in SBS or The Age
- The Guardian and ABC report Roberts-Smith’s arrest was captured in video footage by the AFP, but SBS and The Age do not mention this detail
- The Guardian and ABC report Roberts-Smith’s arrest was captured in live footage, but The Age and News Corp Australia do not specify the source of the footage
- The Guardian and ABC report Roberts-Smith’s arrest was captured in video footage showing his reaction, but The Age and SBS do not mention the reaction detail
Source Articles
How the surprise arrest of Ben Roberts-Smith unfolded
Dressed in holiday attire and flanked by his family, the former war hero had no idea that police were waiting for him on the airport tarmac....
‘Would not f*** with him’: NSW corrections insiders reveal what Ben Roberts-Smith’s time on remand might look like
Australia’s most decorated living soldier’s time in custody could see a NSW prison undertake never-before-seen measures, insiders reveal....
Ben Roberts-Smith is back in court, now as a defendant. His case reminds us that there are laws even amid war
The former soldier’s previous defamation trial presents the rare situation of there being hours of evidence of his alleged crimes already on the public record For almost every day of his marathon defa...
Afternoon Update: Ben Roberts-Smith arrested over alleged war crimes; Trump’s Iran deadline nears; and the appeal of barefoot hiking
Want to get this in your inbox every weekday? Sign up for the Afternoon Update here , and start your day with our Morning Mail newsletter . Welcome, readers, to Afternoon Update. Australia’s most deco...
Ben Roberts-Smith's fight to clear his name just got more perilous
During his years-long battle to clear his name, a separate joint investigation stretching 9,000 kilometres was discreetly transpiring....
Ben Roberts-Smith to remain in custody after arrest over war crimes charges
The 47-year-old is accused of the murder of unarmed civilians while deployed in Afghanistan between 2009 and 2012....
Ben Roberts-Smith arrested over multiple war crimes
Australia’s most famous soldier has been taken into custody over the alleged murders of unarmed Afghan civilians and prisoners....
Ben Roberts-Smith arrested over multiple war crimes
Australia’s most famous soldier has been taken into custody over the alleged murders of unarmed Afghan civilians and prisoners....
Breaking: Ben Roberts-Smith to remain in custody on war crimes charges
War veteran Ben Roberts-Smith will remain in custody after his lawyers made no application for bail in his first court appearance since his arrest....
Live moment: Ben Roberts-Smith expected to be charged with war crimes
One of Australia's most decorated soldiers, Ben Roberts-Smith, has been arrested and is expected to be charged with five counts of the war crime of murder....
The mother of these fatherless Afghan children wouldn’t usually agree with Ben Roberts-Smith’s backers – but she does on this point
People who have backed the accused killer believe he is a victim of great injustice. The families of his alleged victims might have something to say about that....
Many narcissists have tried to twist the legal system. One thing sets this man apart
Anzacs fought for the rule of law – that’s what makes the prosecution of Ben Roberts-Smith so important....
Hanson ‘will not abandon’ Roberts-Smith
Pauline Hanson says she will not abandon Ben Roberts-Smith following revelations the decorated soldier is expected to be charged with war crimes....
Pauline Hanson says she won’t ‘abandon’ Ben Roberts-Smith as Greens argue ‘no one should be above the law’
Queensland senator ‘steadfast’ in her support of former Australian soldier as police charge him with five counts of war crime – murder Follow our Australia news live blog for latest updates Get our br...
Details of Ben Roberts-Smith arrest revealed by AFP commissioner - video
Australian federal police commissioner, Krissy Barrett, says a former soldier was arrested at Sydney’s domestic airport on Tuesday morning, and will face court in New South Wales later on Tuesday. She...
The arrest of Australia's most decorated war hero Ben Roberts-Smith – podcast
Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested at Sydney airport in relation to alleged war crimes. He was subsequently charged, and was due to appear in bail court on...
Former soldier Ben Roberts-Smith arrested over alleged Afghanistan war crimes
SBS understands the former soldier was arrested on Tuesday and is expected to face five war crime murder charges over Afghanistan deaths....
Ben Roberts-Smith to remain in jail following bail hearing over war crimes charges
Former SAS soldier and Victoria Cross-recipient, who has always denied wrongdoing, did not immediately apply for bail on Wednesday Follow our Australia news live blog for latest updates Get our breaki...
What we know about BRS’ war crime charges
Ben Roberts-Smith is facing allegations he took part in five murders during his deployments in Afghanistan. This is what we know about the charges....
Ben Roberts-Smith to remain in custody while charged with war crimes
Australia's most decorated war veteran, Ben Roberts-Smith will remain in custody after a brief court mention this morning. The Victoria Cross recipient has been charged with five counts of the war cri...
Ben Roberts-Smith arrested by Australian federal police at Sydney airport – video
Australia’s most decorated living soldier, Ben Roberts-Smith, has been arrested at Sydney airport in relation to alleged war crimes. The Australian federal police and the Office of the Special Investi...
Former Australian soldier Ben Roberts-Smith arrested over alleged war crimes in Afghanistan
Roberts-Smith previously failed in his attempt to sue three newspapers which published allegations he murdered unarmed civilians and bullied comrades Follow our Australia news live blog for latest upd...
How the surprise arrest of Ben Roberts-Smith unfolded
Dressed in holiday attire and flanked by his family, the former war hero had no idea that police were waiting for him on the airport tarmac....
‘Pipe dream’: Ben Roberts-Smith makes surprise move in court
Former Australian soldier Ben Roberts-Smith has made a surprising move in court after spending the night in custody on remand on war crime charges....