Former Australian soldier Ben Roberts-Smith arrested over 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, 2 April 2024, after a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator. He is expected to face five counts of war crime—murder in relation to alleged killings of Afghan civilians between 2009 and 2012, including incidents in Kakarak, Darwan, and Syahchow. The charges stem from a defamation case where Justice Anthony Besanko ruled in 2023 that Roberts-Smith was involved in the murder of four unarmed Afghan men to the civil standard of 'balance of probabilities,' a decision upheld by the Full Federal Court. Roberts-Smith has consistently denied wrongdoing and is anticipated to fight the criminal charges. The arrest unfolded unexpectedly as Roberts-Smith traveled with his family on a flight from Brisbane to Sydney, with AFP officers waiting at the arrivals gate. The case relies heavily on witness testimonies from SAS soldiers and Afghan survivors, marking what could be Australia’s most significant war crimes prosecution. Political reactions have been divided, with Pauline Hanson vowing to support Roberts-Smith, while Greens senator David Shoebridge called for accountability, emphasizing that 'no one should be above the law.' The maximum penalty for the charges is life imprisonment, and the case has sparked national debate over military accountability and the legacy of Australia’s involvement in Afghanistan.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- Ben Roberts-Smith was arrested at Sydney Airport on Tuesday, 2 April 2024, by Australian Federal Police (AFP) and the Office of the Special Investigator (OSI)
- He is expected to be charged with five counts of war crime—murder in relation to alleged killings of Afghan civilians between 2009 and 2012
- The alleged incidents include: (1) April 2009 in Kakarak, Uruzgan Province, where Roberts-Smith allegedly ordered the murder of two detainees; (2) September 2011 in Darwan, where he allegedly ordered the execution of Ali Jan after kicking him off a cliff; (3) October 2012 in Syahchow, where he allegedly ordered the murder of a disabled man with a prosthetic leg
- Roberts-Smith was awarded the Victoria Cross in 2010 for 'most conspicuous gallantry' during the battle of Tizak in Afghanistan
- In 2023, Justice Anthony Besanko ruled in a defamation case that Roberts-Smith was involved in the murder of four unarmed Afghan men to the civil standard of 'balance of probabilities', and the Full Federal Court upheld this decision
- Roberts-Smith appealed the defamation ruling to the High Court, which refused to hear his case in September 2023
- The maximum penalty for the war crime—murder charges is life imprisonment
- Roberts-Smith was arrested while traveling with his girlfriend and twin teenage daughters on a flight from Brisbane to Sydney
- The OSI and AFP conducted a five-year investigation involving witness testimonies from SAS soldiers and Afghan survivors
- Pauline Hanson publicly stated she would not abandon Roberts-Smith, while Greens senator David Shoebridge called for accountability and stated 'no one should be above the law'
Points of Difference
Details reported by only one source:
- Roberts-Smith was described as 'once lionised as the country’s most decorated Afghanistan veteran' and 'disgraced' his country and its army in defamation proceedings
- The court found Roberts-Smith ordered a soldier to shoot Ali Jan dead after he survived a cliff kick, and Ali Jan’s body was dragged to a nearby field
- Roberts-Smith sued three newspapers (The Age, Sydney Morning Herald, Canberra Times) for defamation, claiming they portrayed him as a criminal who broke military rules
- The disabled man’s prosthetic leg was allegedly used as a celebratory drinking vessel by Australian SAS troops at their on-base bar
- The AFP commissioner Krissy Barrett confirmed the charges involve deaths between 2009 and 2012 in Afghanistan
- Roberts-Smith’s parents, Len and Sue, have always defended him
- Justin Quill (Thomson Geer) noted the 2023 ruling was made to the civil 'balance of probabilities' standard, not the criminal 'beyond reasonable doubt' standard
- Quill suggested the AFP may have additional evidence not presented in the defamation trial
- Oliver Schulz, a former SAS soldier, was charged in 2023 with the war crime of murder after helmet-cam footage showed the shooting of Afghan man Dad Mohammad in 2012; Schulz pleaded not guilty and is not expected to stand trial until 2027
- Roberts-Smith was arrested at Mascot Police Station after being escorted off the plane by AFP officers; he was not handcuffed
- Roberts-Smith was living in a luxury Riverside serviced apartment in Brisbane’s South Bank before his arrest
- Roberts-Smith’s girlfriend, Sarah Matulin, was seen on the phone while the family waited for him to be taken away
- The arrest was described as 'very weird' and 'very sad' by passengers who witnessed it
- The AFP and OSI addressed media at Parliament House in Canberra after the arrest
- The Australian War Memorial is reviewing its display of Ben Roberts-Smith’s achievements
- The AFP stated Roberts-Smith is 'expected to be charged with five counts of war crime - murder' in Afghanistan, including allegations he 'intentionally caused the death' of a person in April 2009 and 'aided, abetted, counselled or procured' another death on the same day
- The ABC noted the charges relate to incidents in Darwan and Syahchow in 2012, where Roberts-Smith allegedly ordered executions
- The article includes a detailed account of the arrest process, including the presence of AFP officers waiting at the arrivals gate for QF515
- The article mentions the wife of Ali Jan, Bibi Dhorko, who demanded accountability for Roberts-Smith’s alleged actions in a 2019 interview
- The article highlights the OSI’s use of phone tapping, listening devices, and raids to gather evidence
- The article notes that the Commonwealth Director of Public Prosecutions (CDPP) recently contacted Attorney-General Michelle Rowland for approval to prosecute Roberts-Smith
- Pauline Hanson’s statement on X (Twitter) included the line: 'Ben, his immediate and broader defence family need the Australian people’s support right now and I will not abandon him like so many other politicians'
- Hanson specifically mentioned Roberts-Smith was 'disgracefully arrested in front of his twin 15-year-old girls'
- The article includes a firsthand account from a passenger named Gary, who described Roberts-Smith’s reaction as 'initial look of surprise, maybe slight bemusement'
- The article notes Roberts-Smith’s parents, Len and Sue, were visiting from Perth and had celebrated Easter with the family
- The headline includes a brief mention of Trump’s Iran deadline and unrelated news items, but the core story is the arrest of Roberts-Smith
- The podcast headline is a summary of the arrest and charges, with no additional specific details beyond what is already covered in other sources
Contradictions
Conflicting information between sources:
- The Guardian and ABC both report Roberts-Smith was arrested at Sydney Airport, but the Guardian mentions the domestic terminal specifically while ABC does not clarify the terminal type
- The Guardian and SMH both describe Roberts-Smith as not being handcuffed during the arrest, but the ABC does not mention this detail
- The Guardian and The Age both mention the alleged use of Ali Jan’s prosthetic leg as a drinking vessel, but the ABC does not include this detail
- The Guardian and The Age both report the OSI and AFP conducted a five-year investigation, but the ABC does not specify the duration of the investigation
- The Guardian and The Age both mention the involvement of SAS eyewitnesses, but the ABC does not explicitly state that the witnesses were SAS soldiers
Source Articles
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....
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...
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....
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....
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....
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....
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 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....
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...
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....
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...
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...