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Arrest and charges
Ben Roberts-Smith, Australia's most highly decorated living soldier, will remain in custody after his legal team did not seek bail following his arrest on war crimes charges tied to his service in Afghanistan.
Roberts-Smith, 47, was detained at Sydney Airport on Tuesday and formally charged with five counts of murder under war crimes legislation. He was subsequently transferred to a police holding cell.
Legal proceedings and denial
During a Wednesday court appearance, the Victoria Cross recipient's lawyers did not apply for bail. Roberts-Smith has consistently denied all allegations, previously describing them as "egregious."
The criminal case follows a 2023 defamation ruling in which a judge determined, on the balance of probabilities, that Roberts-Smith had killed several unarmed Afghan civilians between 2009 and 2012 while serving with the Special Air Service Regiment (SAS).
Defamation case background
The defamation trial, initiated by Roberts-Smith, represented the first judicial examination of alleged war crimes committed by Australian forces. His legal team argued that any killings either occurred during legitimate combat or did not take place at all.
Unlike criminal proceedings, defamation cases are heard in civil courts, where the burden of proof is lower.
Criminal charges and potential penalties
In the current criminal case, Roberts-Smith faces one count of murder as a war crime, one count of jointly commissioning a murder, and three counts of aiding, abetting, counselling, or procuring murder. If convicted, he could receive a maximum sentence of life imprisonment.
AFP investigation details
The Australian Federal Police (AFP) confirmed the charges followed an extensive and meticulous investigation. AFP Commissioner Krissy Barrett stated that the allegations involve victims being shot either by Roberts-Smith or by subordinate Defence Force members acting under his orders.
"The alleged misconduct relates to a very small section of the Australian Defence Force. The vast majority of our armed forces uphold the highest standards and serve with distinction,"
AFP Commissioner Krissy Barrett
Next court appearance
Roberts-Smith is scheduled to return to court via video link on 17 April.
