A Federal Court judge in 2023 ruled that reports he committed four murders were substantially true in a civil defamation case. Roberts-Smith lost that landmark civil defamation case against The Age, The Sydney Morning Herald, and The Canberra Times in June 2023. The judge dismissed the case, ruling that the media outlets had established that Roberts-Smith murdered four unarmed Afghans and had broken the rules of military engagement.
He is also accused of failing to stop members of his unit from killing three others, according to the charges. The Age, The Sydney Morning Herald, and The Canberra Times alleged that 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 the machine-gunning of a man with a prosthetic leg, later bringing the leg back to Australia and using it as a drinking vessel with comrades.
The allegations are 'egregious' and driven by spiteful and jealous peers.
Specific allegations from the Whiskey 108 incident include that Roberts-Smith dragged a prisoner with a prosthetic leg outside an Afghan compound before machine-gunning him, backed up by numerous witnesses, a court has heard. A barrister representing the newspapers said allegations about the murder of a prisoner with a prosthetic leg outside a compound called Whiskey 108 had been corroborated by four soldiers. Barrister Nicholas Owens SC said 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 said he had seen the body on the ground and recognised the man as a prisoner who had been brought out of a tunnel discovered in the Whiskey 108 compound.
Roberts-Smith denies all wrongdoing and says the allegations are 'egregious' and driven by spiteful and jealous peers. According to www.theguardian.com, Ben Roberts-Smith described the man he shot as a 'squirter' – a Taliban insurgent fleeing the compound. He does not dispute the killing occurred, but he claims the man was shot lawfully, according to www.theguardian.com.
The display is 'disgraceful' or 'ludicrous'.
An appeal to the Full Court of the Federal Court was unanimously dismissed on 16 May 2025. 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. Australia's most decorated living soldier, Ben Roberts-Smith, has officially lost his appeal against a 2023 defamation ruling that found he committed war crimes in Afghanistan.
He was arrested in front of his teenage twin daughters, according to multiple reports. Roberts-Smith was taken to Mascot Police Station, then handcuffed and placed in a white prison van to Silverwater prison, according to multiple reports. He spent his first night in custody at Silverwater Prison and did not appear in person at the NSW Bail Court on Wednesday, according to multiple reports.
The display should be moved to the Afghanistan gallery rather than removed entirely.
His bail hearing is listed for April 17, according to multiple reports. The maximum penalty for the charges is life imprisonment, according to multiple reports. The current status of Roberts-Smith's bail and legal representation remains unclear.
Roberts-Smith was awarded the Victoria Cross for actions in Tizak, Afghanistan, on 11 June 2010. He is a recipient of the Victoria Cross for Australia, the highest award for gallantry in battle that can be awarded to a member of the Australian Defence Force. Roberts-Smith was awarded a Medal for Gallantry in 2006 and a Commendation for Distinguished Service in 2012.
The medals represented veterans who feel 'betrayed' by the arrest.
After his discharge from the Australian Army in 2013, Roberts-Smith studied business at the University of Queensland and worked for Seven West Media, eventually resigning in 2023 after the defamation trial outcome. In August 2018, Roberts-Smith commenced defamation proceedings against media outlets that had published allegations that he had committed war crimes and bullied other soldiers. Roberts-Smith sued three newspapers for 2018 reports that alleged he was involved in the murders of unarmed prisoners in Afghanistan.
The defendants hailed the verdict as a major victory for media freedom in Australia. According to www.france24.com, Nick McKenzie described the verdict as a victory for servicemen who testified against Roberts-Smith and for Afghan victims. Roberts-Smith's defence was partially bankrolled by the boss of Seven West Media.
The verdict was a victory for servicemen who testified against Roberts-Smith and for Afghan victims.
An Australian military veteran returned his medals to MP Bob Katter in protest of Roberts-Smith's treatment. According to Daily Mail - News, Bob Katter described the medals as representing veterans who feel 'betrayed' by the arrest. High-profile figures like Elon Musk, Gina Rinehart, Tony Abbott, and Pauline Hanson have pledged support for Roberts-Smith, according to multiple reports.
The Australian War Memorial has updated the display dedicated to Roberts-Smith to note he was charged with five counts of war crime murder. The Memorial's director stated the display was updated to keep the public informed while respecting the presumption of innocence. Roberts-Smith's equipment, uniform, and medals remain on display in the Hall of Valour, according to multiple reports.
He was a 'squirter' – a Taliban insurgent fleeing the compound.
According to Daily Mail - News, historians described the display as 'disgraceful' or 'ludricous'. Other historians argue the display should be moved to the Afghanistan gallery rather than removed entirely, according to Daily Mail - News. How the Australian War Memorial will ultimately decide on the display of Roberts-Smith's items is not yet known.
Roberts-Smith is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime, according to multiple reports. A 2020 military report found evidence that elite Australian SAS and commando troops unlawfully killed 39 Afghan noncombatants. Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, with 41 killed, according to multiple reports.
The man was shot lawfully.
The Office of the Special Investigator has investigated 53 war crime allegations, with 39 concluding without charges, according to multiple reports. This ruling could now clear the way for a criminal investigation by the Australian Federal Police. What specific evidence led to the criminal charges beyond the civil trial findings, and whether other Australian veterans are under investigation for similar war crimes, remains to be seen.
Former SAS soldier Oliver Schulz has pleaded not guilty to a charge of war crime murder for shooting Dad Mohammad in 2012, according to multiple reports. Roberts-Smith now faced the prospect of paying tens of millions in legal costs, with the total bill likely to exceed $25 million. The impact of this case on Australia's military reputation and veteran support systems is still unfolding.