Ben Roberts-Smith, Australia's most decorated living soldier, has been charged with five counts of war crime murder. The arrests and charges, which occurred over the past few days, place the decorated veteran at the centre of a unprecedented legal proceeding for the nation. Roberts-Smith is believed to be the first recipient of the Victoria Cross from a Commonwealth nation to face criminal charges for alleged war crimes.
Roberts-Smith was apprehended at Sydney Airport on Tuesday, arriving on a flight from Brisbane. He was subsequently taken into custody and faced a bail hearing on Wednesday. Australian Federal Police Commissioner Krissy Barrett confirmed the charges. The investigation has been described as complex, with authorities not ruling out further arrests.
Prime Minister Anthony Albanese has stated he will not comment on the ongoing case, as it is currently before the courts.
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Shadows of Afghanistan
The allegations stem from Roberts-Smith's deployment in Afghanistan. A Federal Court judge, previously in a civil defamation case, found on the balance of probabilities that Roberts-Smith was involved in at least four murders. This civil finding, which was upheld on appeal, detailed alleged incidents including ordering a junior soldier to execute a man after the accused allegedly kicked him off a cliff, and then firing his machine gun into the victim's body. Roberts-Smith has consistently denied any wrongdoing.
National Repercussions
The gravity of the charges has prompted reflection. The Australian War Memorial has indicated it will re-examine its exhibit dedicated to Ben Roberts-Smith. The prospect of a jury trial has also raised questions, given Roberts-Smith's public profile, making it potentially difficult to find jurors unaware of the case.
Legal Pathways
The charge of war crime murder carries a potential sentence of life imprisonment. Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to be charged with such an offense. Another former SAS soldier, Oliver Schulz, has also been charged. It is important to note that no criminal findings of guilt have yet been established against Roberts-Smith.
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Background
Roberts-Smith, a former Corporal in the Australian Army, rose to prominence for his military service, including receiving the Victoria Cross for bravery in Afghanistan. His alleged involvement in war crimes came to light through extensive reporting, which he then challenged via a defamation lawsuit against the journalists involved. The outcome of that civil case provided the earlier judicial findings regarding his alleged participation in murders.
