The charges allege Roberts-Smith committed five counts of the war crime of murder over incidents in Afghanistan between 2009 and 2012. According to the prosecution, the allegations include killing or ordering the killings of unarmed detainees, including a father and son, a farmer, and two prisoners. Roberts-Smith, who has denied all allegations, faces the historic distinction of being the first Victoria Cross recipient charged with a war crime.
Roberts-Smith was arrested at Sydney Domestic Airport on April 7, 2024, and held at the Metropolitan Remand and Reception Centre (Silverwater prison) for 10 days after his arrest, according to media reports. Major media reports describe him as 202cm tall and appearing 'cool, calm and collected' upon arrival at the prison. He was granted bail on April 19, 2024, by Judge Greg Grogin at Downing Centre Local Court, with conditions including a $250,000 surety, surrender of passport, reporting to police three times a week, travel restrictions, and no contact with prosecution witnesses.
The allegations are false and driven by spiteful peers.
The prosecution opposed bail, arguing Roberts-Smith was a flight risk due to advanced plans to move overseas and could interfere with witnesses, according to court arguments. Roberts-Smith's lawyer countered that he was not a flight risk, had strong community ties, and that keeping him in custody would delay the trial due to difficulties accessing classified defence materials, according to court arguments.
Benjamin Roberts-Smith is an Australian former soldier who served in the Australian Army and sued three newspapers for 2018 reports alleging he was involved in the murders of unarmed prisoners in Afghanistan. The defamation trial was one of Australia's longest-running and costliest, with legal costs estimated at about US$16 million. In June 2023, Justice Anthony Besanko dismissed the defamation case, ruling that media outlets had proven Benjamin Roberts-Smith murdered four unarmed Afghans and broke military engagement rules.
The verdict was a major victory for media freedom in Australia.
The defamation ruling found that allegations Roberts-Smith committed four murders in Afghanistan were substantially true on the balance of probabilities. An appeal to the Full Court of the Federal Court was heard beginning on 5 February 2024 and unanimously dismissed on 16 May 2025, with the Federal Court upholding the original judgment that media reports alleging Ben Roberts-Smith was involved in the murder of four unarmed civilians were substantially true.
The High Court of Australia refused an application by Benjamin Roberts-Smith for special leave to appeal on 4 September 2025 and ordered him to pay the defendants' costs. Ben Roberts-Smith has officially lost his appeal against the 2023 defamation ruling that found he committed war crimes in Afghanistan. This ruling could clear the way for a criminal investigation by the Australian Federal Police, according to research sources.
He was a 'squirter' – a Taliban insurgent fleeing the compound.
Key evidence in the case includes allegations from the prosecution that three soldiers have admitted involvement in executing detainees at Roberts-Smith's direction or with his complicity. The identities and full testimonies of these soldiers remain unknown, as does what specific evidence led to the criminal charges beyond the defamation case findings. Roberts-Smith has maintained his innocence, telling a press conference that the allegations are false and driven by spiteful peers, and according to The Guardian, he described one alleged victim as a 'squirter' – a Taliban insurgent fleeing the compound – and claimed the killing was lawful.
In personal testimony during the defamation trial, Roberts-Smith's ex-wife and former mistress testified against him, while his current girlfriend and mother supported him. Major media reports note that Roberts-Smith broke down in court in 2021 over an allegation he punched his mistress, though the judge did not substantiate the domestic violence claim.
It was lawful.
Financial aspects of the case are significant, with Ben Roberts-Smith's defence partially bankrolled by the boss of Seven West Media, according to research sources. He now faces paying tens of millions in legal costs, likely exceeding $25 million, adding to the financial strain.
The broader context includes a 2020 military investigation that found special forces personnel 'unlawfully killed' 39 Afghan civilians and prisoners, according to research sources. It remains unknown what impact this case will have on other Australian soldiers implicated in war crime investigations.
Institutional responses are evolving, with the Australian War Memorial keeping Roberts-Smith's uniform and medals on display in the Hall of Valour but planning to review the interpretive panel, according to a Memorial spokesperson. How the Memorial will ultimately decide to handle the display is still uncertain.
Veteran reactions have been mixed, with a veteran giving his medals to MP Bob Katter to return to Canberra, expressing feeling betrayed by Roberts-Smith's arrest, according to major media reports. The case continues to unfold, with unknowns including when the criminal trial will begin and what the key legal arguments from both sides will be, as well as the broader implications for military accountability and public trust in Australia's armed forces.