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Ben Roberts-Smith to Remain in Jail for Two Months Amid War Crimes Trial

Roberts-Smith, aged 47, faces allegations of war crimes. The attorney of the individual did not submit a bond request on Wednesday. Roberts-Smith will appear in court from prison using AVL technology Australia’s most highly decorated soldier, Ben Roberts-Smith, will stay in detention for two months following his charges withwar crime murders. Roberts-Smith, aged 47, was…

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4–5 minutes
  • Roberts-Smith, aged 47, faces allegations of war crimes.
  • The attorney of the individual did not submit a bond request on Wednesday.
  • Roberts-Smith will appear in court from prison using AVL technology

Australia’s most highly decorated soldier, Ben Roberts-Smith, will stay in detention for two months following his charges withwar crime murders.

Roberts-Smith, aged 47, was taken into custody by the Australian Federal Police on Tuesday in connection with claims that he murdered non-combatants during his service in Afghanistan from 2009 to 2012.

He is also charged with not preventing members of his group from killing three additional individuals.

A Victoria Cross winner spent the night at Silverwater prison in Sydney but did not appear in Bail Court in person when his case was brought up on Wednesday morning.

He was instead represented by criminal attorney Jordan Portokalli, who informed the court that there was no request for bail and asked to have the case rescheduled.Sydney‘s Downing Centre later on Wednesday.

“Simply put, we are not launching an application today, that’s the first point,” he stated.

The second point is that we are hoping the issue will be brought up in person at the Downing Centre today, but that might be unrealistic.

The judge mentioned he did not have access to the Downing Centre diary and scheduled the case for a brief update on June 4, during which Roberts-Smith will appear in court from prison using an audio-visual connection.

Roberts-Smith faced five war crime charges after a five-year collaborative inquiry conducted by the AFP and the Office of the Special Investigator (OSI).

Armed members of the AFP raided the area as Roberts-Smith arrived by plane.Qantas flight from Brisbane on Tuesday.

He was taken to the Mascot police station, where he was denied bail.

Footage showing Roberts-Smith in a polo shirt,jeansand cap, being guided down a staircase from the plane and taken across the runway to a white four-wheel drive.

A Nine News TV production team was stationed at the airport to capture footage of the 47-year-old’s arrest as the aircraft landed.

Nine newspapers initially reported that Roberts-Smith was accused of committing war crimes during his time with the SAS in Afghanistan, through a set of articles published in 2018.

During a press briefing on Tuesday afternoon, AFP Commissioner Krissy Barrett discussed the arrest without mentioning Roberts-Smith’s name.

“It is claimed that the man was part of the ADF during his involvement in the deaths of Afghan citizens between 2009 and 2012, situations that qualify as war crimes under the Commonwealth Criminal Code,” she stated.

The allegations directed at Ben Roberts-Smith

  • The crime of murder as a war crime, in that he deliberately caused the death of an individual, on or around April 12, 2009, in Kakarak, Uruzgan Province, Afghanistan;
  • The crime of murder during the war, in which he assisted, encouraged, advised, or facilitated another individual to intentionally cause the death of a person, on or around 12 April 2009, in Kakarak, Uruzgan Province, Afghanistan;
  • The crime of murder during the war, in which he assisted, encouraged, advised, or facilitated another individual to deliberately cause someone’s death, on or around September 11, 2012, in Darwan, Uruzgan Province, Afghanistan;
  • The crime of murder during the war, involving another individual, as they intentionally caused the death of a person on or around 20 October 2012, in Syahchow, Uruzgan Province, Afghanistan; and,
  • The crime of murder during the war, as he assisted, encouraged, advised, or facilitated another individual to intentionally cause the death of a person, on or around October 20, 2012, in Syahchow, Uruzgan Province, Afghanistan.

The highest punishment for the crime of war – murder is a life sentence.

It is claimed that the victims were held captive, without weapons, and under the supervision of ADF members at the time of their deaths.

It is claimed that the victims were killed by the defendant or by lower-ranking members of the ADF while in the presence of and under the direction of the accused.

Commissioner Barrett stated that the Afghans “were not involved in hostilities when they were allegedly killed.”

The AFP and OSI initiated 53 inquiries concerning claims of war crimes committed by the ADF in Afghanistan, with 39 of these not currently being actively investigated, pending additional evidence.

Ten inquiries examining claims of criminal violations under Australian legislation concerning breaches of the Laws of Armed Conflict by Australian Defence Force members are currently underway.

A probe led to a former SAS member facing murder charges. This case is scheduled for trial in February of next year at the NSW Supreme Court.

Roberts-Smith filed a defamation lawsuit against Nine newspapers and journalists Nick McKenzie and Chris Masters following reports that he had committed war crimes in Afghanistan.

In 2023, Justice Anthony Besanko of the Federal Court determined that the allegations stating Roberts-Smith was involved in the killing of four unarmed men were largely accurate, based on the preponderance of evidence.

McKenzie and Masters were the first to disclose information regarding Roberts-Smith’s arrest on Tuesday morning.

Roberts-Smith took an appeal to the Full Court of the Federal Court against Justice Besanko’s ruling but was unsuccessful. He was denied permission to pursue a further appeal to the High Court.

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