Roberts-Smith appeared in court for a bail hearing via audio-visual link from Silverwater Correctional Centre, where he was held for ten days after his arrest. The prosecution opposed bail, arguing Roberts-Smith was a flight risk with advanced plans to move overseas and could interfere with witnesses. His lawyer argued bail should be granted, stating the case would take years and keeping him in custody would delay it due to difficulties accessing classified defence materials. Judge Greg Grogin granted Roberts-Smith bail, citing that he would likely spend 'years and years' in custody if bail was refused. Bail conditions include restrictions on travel outside Queensland, surrender of passport, limited use of one phone and one laptop, reporting to police three times a week, a $250,000 surety, and no contact with prosecution witnesses.
This criminal case follows a lengthy civil defamation battle. In 2023, a Federal Court judge found, on the balance of probabilities, that allegations Roberts-Smith committed four murders in Afghanistan were substantially true in a civil defamation case. Justice Anthony Besanko dismissed the defamation case, ruling the media outlets had proven Roberts-Smith murdered four unarmed Afghans and broke military engagement rules. An appeal to the Full Court of the Federal Court was dismissed on 16 May 2025, and the High Court of Australia refused an application by Roberts-Smith for special leave to appeal on 4 September 2025 and ordered him to pay the defendants' costs. Roberts-Smith has officially lost his appeal against the 2023 defamation ruling, with the Federal Court upholding the original judgment that media reports alleging his involvement in the murder of four unarmed civilians were substantially true.
I categorically deny all of these allegations.
Four witnesses, identified as Person 4, Person 8, Person 56, and Person 66, have been granted immunity from prosecution for war crimes and are expected to testify against Roberts-Smith. The prosecution alleges Roberts-Smith shot one Afghan detainee and ordered subordinates to kill four others. The prosecution's statement of facts alleges common themes in the murders, including that victims were unarmed, handcuffed, and evidence was planted. Media reports alleged Roberts-Smith kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him. Roberts-Smith was said to have taken part in machine-gunning a man with a prosthetic leg and used the leg as a drinking vessel.
The prosecution's case draws heavily on witness accounts and specific incidents. Allegations that Roberts-Smith dragged a prisoner with a prosthetic leg outside an Afghan compound before machine-gunning him were backed up by numerous witnesses. A barrister representing the newspapers said allegations about the murder of a prisoner with a prosthetic leg at Whiskey 108 were corroborated by four soldiers. Three witnesses gave 'strikingly coherent accounts' of Roberts-Smith manhandling the man before throwing him to the ground and machine-gunning him in 2009. A fourth witness saw the body and recognized the man as a prisoner from a tunnel in Whiskey 108. Media reports alleged Roberts-Smith ordered a junior SAS member to kill an unarmed prisoner in the Whiskey 108 tunnel to 'blood the rookie', with a 'powerful inference' the junior soldier put a suppressor on his rifle before shooting the man, implying premeditation. Roberts-Smith was also alleged to have ordered the execution of a prisoner after a weapons cache was found in Chinartu in October 2012.
I'm proud of my service in Afghanistan.
Roberts-Smith's military background is marked by distinction and controversy. He is an Australian former soldier who served in the Australian Army, joining in 1996 at age eighteen. He was deployed to East Timor in 1999, Fiji in 2004, Iraq in 2005-2006, and Afghanistan on six occasions from 2006 to 2012. Roberts-Smith was awarded a Medal for Gallantry in 2006 and a Commendation for Distinguished Service in 2012. He won the Victoria Cross for 'conspicuous gallantry' in Afghanistan while hunting a senior Taliban commander. Roberts-Smith met Queen Elizabeth II and his image hung in the Australian War Memorial in Canberra.
After his discharge in 2013, Roberts-Smith studied business at the University of Queensland and worked for Seven West Media, resigning in 2023 after the defamation trial. In October 2017, Roberts-Smith's conduct in Afghanistan came under scrutiny after reports he killed a teenager suspected of spotting his patrol. In August 2018, Roberts-Smith commenced defamation proceedings against media outlets over allegations of war crimes and bullying. Roberts-Smith sued three newspapers for 2018 reports alleging he was involved in the murders of unarmed prisoners in Afghanistan. He denied the allegations and launched a multi-million-dollar defamation case, which was one of Australia's longest-running and costliest, with legal costs estimated at about US$16 million. Lawyers for the media defendants indicated they would seek 'indemnity costs against the applicant', and Roberts-Smith's defence was partially bankrolled by the boss of Seven West Media. Roberts-Smith was photographed holidaying in Bali ahead of the ruling and did not attend court.
Now I walk down the street, people will look at me. The first thing I think of is that they think I hit a woman.
The Australian War Memorial has stated it will review the wording of the interpretive panel for Roberts-Smith's display in the Hall of Valour but will keep his uniform and medals on display. Some historians have called for removal of Roberts-Smith's display from the Hall of Valour, while others argue it should be moved to the Afghanistan exhibition. The final decision on how to handle the display remains uncertain, reflecting broader public and historical debates.
Political and public reactions have been divided. Pauline Hanson called for Anzac Day to be an unofficial 'BRS' day in support of Roberts-Smith after his bail was granted. A military veteran gave his medals to MP Bob Katter to return to Canberra, expressing disillusionment over Roberts-Smith's arrest. The defendants in the defamation case hailed the verdict as a major victory for media freedom in Australia.
He shot the man because he was a 'squirter' – a Taliban insurgent fleeing the compound.
Personal details reveal a complex family dynamic. Roberts-Smith is 202cm tall and 47 years old. He was on a shopping trip with his 15-year-old twin daughters when arrested. Roberts-Smith's ex-wife and former mistress testified against him in the defamation trial, while his current girlfriend and mother supported him. The judge did not find the alleged 2018 domestic violence claim substantiated but ruled it had 'contextual truth'.
The case holds historical significance as Roberts-Smith is believed to be the first Victoria Cross recipient charged with a war crime. Australia deployed 39,000 troops to Afghanistan over two decades, and a 2020 military investigation found special forces personnel 'unlawfully killed' 39 Afghan civilians and prisoners. This broader context underscores the gravity of the allegations and their impact on Australia's military legacy.
He does not dispute the killing occurred but claims it was lawful.
Legal implications are profound, with the defamation ruling potentially clearing the way for a criminal investigation by the Australian Federal Police. Roberts-Smith had not been criminally charged at the time of the defamation appeals and continued to deny all allegations. He faces paying tens of millions in legal costs, likely exceeding $25 million (NZ$27m), which raises questions about how these costs will be managed given his financial situation.
Several key unknowns surround the upcoming criminal trial. What specific evidence or witnesses will be presented to prove the five murder charges beyond a reasonable doubt remains to be seen. The identities and full testimonies of the four witnesses granted immunity are not publicly detailed, and their evidence's cruciality in the prosecution's case is yet to be tested in court. How the Australian War Memorial will ultimately decide to handle Roberts-Smith's display, given conflicting opinions from historians and the public, is also unresolved. The impact of the criminal charges on Roberts-Smith's Victoria Cross status and military honors is another area of uncertainty, as authorities have not announced any formal reviews. Additionally, the high legal costs, potentially exceeding $25 million, pose significant financial implications, with it unclear how Roberts-Smith will manage or pay these amounts, possibly affecting his supporters and future legal strategies.