(Corrects day to Sunday in first paragraph)
Ben Roberts-Smith, 47, who has been described as Australia’s most decorated soldier, has directly refuted allegations that he committed war crimes while deployed to Afghanistan more than a decade ago. Speaking on Sunday on the Gold Coast in Queensland after being released on bail, Roberts-Smith said he always acted in accordance with the rules of engagement and expressed pride in his military service.
Roberts-Smith is facing five criminal counts alleging war crimes related to the deaths of five unarmed Afghan civilians between 2009 and 2012. Each of the charges carries a maximum potential jail term of life. The former corporal in the Special Air Service has repeatedly denied any wrongdoing since the allegations became public, many of which were first published in a series of articles beginning in 2018 by Nine Entertainment newspapers.
After spending more than a week in custody, he was granted bail. A judge cited the prospect that the legal proceedings could take years before reaching trial as part of the reasoning behind the decision to grant bail. Prosecutors opposed the release, expressing concerns that Roberts-Smith might attempt to contact witnesses.
Police statements tied to the charges indicate the alleged victims were not engaged in hostilities at the time of their deaths and that they were detained, unarmed and under the control of Australian forces when they were killed. Those allegations underpin the five counts Roberts-Smith now faces.
In a separate but related legal finding in 2023, Roberts-Smith lost a defamation action brought in response to the media allegations. In that civil case, a judge found on the balance of probabilities that he had been involved in the killing of four Afghan civilians. Roberts-Smith has continued to contest the accusations and said on Sunday he intends to use the criminal process to clear his name.
Addressing reporters during the Gold Coast appearance, he said:
"I categorically deny all of these allegations, and while I would have preferred these charges not be brought, I will be taking this opportunity to finally clear my name. I’m proud of my service in Afghanistan."
The case remains at an early stage. Authorities and legal representatives on opposing sides have signaled that it may take substantial time to progress to trial, while prosecutors have underscored their concern about potential witness interference as a factor in their opposition to bail.
Context and next steps
- The criminal charges allege the murder of five unarmed Afghan civilians between 2009 and 2012; each count carries a maximum sentence of life imprisonment.
- Roberts-Smith was released on bail after more than a week in custody; the judge noted the case could take years to reach court, and prosecutors had sought to keep him detained over witness contact concerns.
- He previously lost a 2023 defamation suit in which a civil finding on the balance of probabilities linked him to the deaths of four Afghan civilians.
The legal process now faces several steps and uncertainties, and the accused maintains his categorical denial as criminal proceedings continue.