Top Australian soldier charged with war crimes to remain in jail on remand

Top Australian soldier charged with war crimes to remain in jail on remand

Ben Roberts-Smith, the highest-honored living serviceman in Australia, will stay in custody while awaiting trial following charges of alleged war crimes in Afghanistan. The 47-year-old, who was arrested at Sydney Airport on Tuesday, faces five murder counts in the criminal proceedings. He was placed in a police cell after the accusations were formally lodged. His legal team did not request bail on Wednesday, leaving him in detention for now.

The case against Roberts-Smith, a recipient of the Victoria Cross, emerged after a 2023 defamation ruling acknowledged claims he killed multiple unarmed Afghans between 2009 and 2012. This marked a historic moment as it was the first time a court examined potential war crimes committed by Australian military personnel. Roberts-Smith had initiated the defamation proceedings, challenging the truth of the allegations.

“It will be alleged the victims were shot by the accused or by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” said AFP Commissioner Krissy Barrett on Tuesday.

His defense argued the incidents either occurred during combat, making them legally permissible, or were entirely fabricated. Defamation cases typically require a lower standard of evidence compared to criminal trials. The judge in the earlier civil case determined that the claims were likely true, based on the balance of probabilities.

Now, in the criminal trial, Roberts-Smith is charged with one murder count, one joint commissioning charge, and three counts related to aiding or encouraging the act. If convicted, he could face life imprisonment. The Australian Federal Police confirmed the case involved an extensive investigation. Barrett emphasized the misconduct allegations apply to a “very small section” of the armed forces, praising the majority for their exemplary service.

Roberts-Smith is scheduled to appear in court via video link on 17 April, where the next phase of the proceedings will unfold. The legal battle continues as the soldier defends his actions in the conflict zone.