Ben Roberts-Smith, Australia's most decorated living soldier, has been formally charged with five counts of the war crime of murder. These allegations stem from incidents during his deployments in Afghanistan between 2009 and 2012.
The charges follow a complex, five-year investigation, culminating in his arrest at Sydney Airport earlier this week. He was subsequently granted bail, with his next court appearance scheduled for June 5. Media attention was significant, with a live chopper feed tracking Roberts-Smith's movements as he was escorted from a facility by Corrective Services officers. He and another individual, Matulin, reportedly drove north for several hours rather than flying out of Sydney.
Roberts-Smith has consistently denied all allegations of wrongdoing. The case has drawn considerable public and political attention, with former Prime Minister John Howard stating the arrest "tugs at the heart strings of millions of Australians" and stressing that "no one is above the law". Senior Liberal MP Andrew Hastie, himself a former SAS soldier, may be called as a witness and has urged respect for the rule of law.
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A Tumultuous Legal History
This latest development is part of a protracted legal saga. Roberts-Smith previously pursued a defamation case against newspapers that reported on allegations of his conduct in Afghanistan, including claims of killing unarmed teenagers and bullying other soldiers. He was awarded damages in that case, but an appeal process followed. A notable aspect of the defamation proceedings involved a secret recording where journalist Nick McKenzie discussed his legal strategy with a former lover of Roberts-Smith, identified as "Person 17". This recording was later admitted into evidence, and Roberts-Smith's legal team sought to re-open the appeal based on it, an application that faced opposition.
The allegations against Roberts-Smith include participating in the murders of unarmed Afghan men, with court proceedings during his defamation trial detailing instances where it was alleged he ordered men to be shot dead. The Australian War Memorial is reportedly reviewing how to incorporate the gravity of these events into its collections, acknowledging the broader impact on the Australian community.
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Roberts-Smith, who served in the Special Air Service Regiment, received the Victoria Cross for his actions during the battle of Tizak in Afghanistan. The charges he now faces are believed to be unprecedented for a recipient of Australia's highest military honour in relation to war crimes. The potential for a jury trial has also raised questions about finding jurors unaware of Roberts-Smith's high public profile. The case continues to be of significant national interest, probing the reputation of Australia's Defence Force and the accountability of its service members.
