Ben Roberts-Smith, Australia's most decorated living soldier, appeared via video link in a Sydney courtroom on Friday, facing five charges of murder related to his deployments in Afghanistan. The allegations, detailed in fresh court documents, describe the execution of unarmed detainees and the planting of evidence, according to BBC News. This legal proceeding represents an unprecedented moment for Australia, a nation that has not previously prosecuted war crimes.
The legal journey for Ben Roberts-Smith, 47, is expected to stretch over several years, with Judge Greg Grogin stating on Friday that a trial remains "years and years" away. Roberts-Smith, who served in the Special Air Service (SAS) regiment, denies all claims. His legal team describes the situation as "unchartered legal territory" for Australia.
This case moves beyond civil defamation proceedings, where Roberts-Smith lost a landmark case, into the realm of criminal accountability. Here is the number that matters: five specific murder charges, each detailing alleged actions during his deployments between 2009 and 2012. The accusations, outlined in court documents seen by BBC News, paint a picture of systematic misconduct.
They allege Roberts-Smith murdered a disabled Afghan detainee, kicked a handcuffed prisoner off a cliff, and ordered junior soldiers to execute others as part of an initiation practice known as "blooding."
Roberts-Smith joined the Australian Defence Force (ADF) at 18. He completed two tours in East Timor before joining the SAS in 2003. By April 12, 2009, when his SAS crew was dispatched to a compound known as "Whiskey 108" near Tarin Kowt, Afghanistan, he had more than a decade of service.
Australian troops had been battling Taliban insurgents at the site. Roberts-Smith's team was called to clear the compound after an airstrike. They found a tunnel.
Two men, identified by prosecutors as Mohammad Essa and his son Ahmadullah, were pulled from it and handcuffed. Prosecutors allege Roberts-Smith carried Ahmadullah, who wore a prosthetic leg, outside the compound wall. He then threw the man to the ground.
Roberts-Smith subsequently shot Ahmadullah multiple times using a belt-fed machine gun, the court documents claim. Several ADF members, positioned in a protective cordon outside the compound, witnessed this action. This was no isolated incident.
Back inside Whiskey 108, Roberts-Smith allegedly turned his attention to Mohammad Essa. He reportedly grabbed a trooper, anonymised as "Person Four" and referred to as "The Rookie" in court documents. Roberts-Smith borrowed a firearm suppressor from another soldier.
He then placed Essa on his knees. "Shoot that [expletive]," Roberts-Smith allegedly ordered Person Four, who understood it as a direct command and complied. Following the mission, Roberts-Smith and his patrol leader both claimed to have "blooded the Rookie," the documents state. Another alleged incident occurred in Darwan village in September 2012.
Roberts-Smith, awarded the Victoria Cross the previous year, was searching for Sergeant Hekmatullah, an Afghan National Army soldier who had killed three Australian soldiers. His team arrived by helicopter on September 11. They searched compounds near a dry creek bed, capturing three detainees.
One of these men was Ali Jan. Roberts-Smith allegedly subjected the handcuffed prisoners to "tactical questioning," which involved punching and physically assaulting them, prosecutors claim. Roberts-Smith then allegedly pulled Ali Jan towards a cliff edge with a colleague, pseudonymously called "Person 11." While Ali Jan remained cuffed and physically restrained, Roberts-Smith kicked him, causing him to fall approximately 10 metres, according to court documents.
Ali Jan sustained injuries, including the loss of teeth. Person Four and local villagers reportedly witnessed the fall. Roberts-Smith and Person 11 then descended the slope to Ali Jan, who lay hurt and still handcuffed.
Person Four later told prosecutors he saw Roberts-Smith and Person 11, both carrying rifles, engage in a brief conversation. Several shots rang out. When Person Four looked, Person 11 had his rifle raised.
Prosecutors allege Person 11 shot Ali Jan. A hand-held radio, previously taken by Roberts-Smith from the body of a man he had killed earlier, was then allegedly placed near Ali Jan and photographed. This was done to support a false narrative for the killing, the documents claim.
During his defamation trial, Roberts-Smith denied that any men had been detained or that the cliff existed. On October 20, 2012, Roberts-Smith, by then a patrol commander, was sent to Syachow village to locate an insurgent known as "Objective Pine." Official reports from that mission stated two people were killed during fighting in a compound. Another two were reportedly killed shortly after, with shots and a grenade sent into a cornfield where they were supposedly refusing to surrender.
This account was a fabrication, prosecutors allege. A junior soldier, identified as "Person 66," claims the two men in the field were detainees. They were allegedly murdered on Roberts-Smith's command.
Person 66 stated the pair had been detained in the compound and questioned by Roberts-Smith, who punched one in the stomach. The two men were later lined up at the end of the cornfield, according to court documents. A senior soldier shot one man.
Roberts-Smith then allegedly removed handcuffs and a blindfold from the second man. He ordered Person 66 to shoot him. The man had been pushed to the ground, his hands up in front of his face, prosecutors claim.
Person 66, on his first operational mission, paused. Person 66 then watched as Roberts-Smith threw a grenade towards the dead detainees. Investigators described this as an act to support the "false claim" that they were killed during legitimate fighting.
Forensic pathologists identified marks consistent with ligatures in photographs of at least one of the men. Less discernible linear marks were found on the other. Roberts-Smith ceased active duties at the end of 2012.
He formally left the ADF in 2015, shortly after receiving a commendation for Distinguished Service. Approximately a year later, senior military officials initiated an inquiry into widespread rumours of war crimes committed in Afghanistan. Media reports detailing allegations began circulating.
By 2018, Roberts-Smith was identified as the alleged perpetrator in several incidents. He vehemently denied these claims, leading to his landmark defamation case, which he ultimately lost. In sworn evidence during that civil trial, transcripts of which are now part of the criminal case documents, Roberts-Smith denied breaking the rules of war, which are underpinned by the Geneva Convention.
He also stated he understood that killing a "person under control" – a detainee – was never permissible. He denied using "throwdowns," jargon for items like a radio or weapon planted at a scene to justify lethal engagements. Roberts-Smith exercised his right to decline adding, amending, or commenting on his previous sworn evidence, the court documents note.
However, prosecutors have outlined additional evidence they intend to use. Strip away the noise and the story is simpler than it looks. The court documents conclude there are "common themes" to the alleged murders: every alleged victim was handcuffed, detained, and questioned before their execution.
Each killing occurred in situations where the ADF maintained control, absent active engagements with enemy forces. The evidence is telling you something. Listen.
Crucially, at least one direct or eyewitness account exists for each alleged killing. The court documents reveal this list includes three witnesses who testify to being involved in the execution of one or more detainees. They acted either at Roberts-Smith's direction or with his complicity, given his military superior status.
Australia has never held a war crimes trial. This case sets a new precedent for military accountability within the nation. It tests the legal system's capacity to address such grave allegations against its own decorated personnel.
This case matters because it directly challenges Australia's military reputation and its commitment to international law. For nations in the Global South, particularly those like Afghanistan that have hosted foreign forces, the pursuit of justice for alleged atrocities committed by foreign soldiers is a critical measure of global accountability. It sends a message about the integrity of military operations abroad and the treatment of local populations in conflict zones.
The outcome will resonate far beyond Australian borders, influencing how other nations view the conduct of their own forces and the potential for legal recourse against alleged abuses. It underscores the difficult balance between honouring military service and upholding the rule of law, even when facing deeply uncomfortable truths about wartime conduct. Key Takeaways: - Ben Roberts-Smith faces five murder charges related to alleged executions of Afghan detainees. - The charges include allegations of kicking a handcuffed prisoner off a cliff and ordering "blooding" of junior soldiers. - The prosecution highlights common themes: all alleged victims were handcuffed, detained, and killed in controlled situations.
Roberts-Smith's legal team has not yet formally responded to the detailed allegations. The veteran has not yet entered a plea. Any trial is still a long way off.
Judge Grogin granted Roberts-Smith strict, conditional bail on Friday. The proceedings will continue to unfold over what is expected to be a protracted period. Observers will be watching for pre-trial hearings, which will likely address the admissibility of evidence and procedural matters, as Australia navigates this complex and historic legal challenge.
Key Takeaways
— - Ben Roberts-Smith faces five murder charges related to alleged executions of Afghan detainees.
— - The charges include allegations of kicking a handcuffed prisoner off a cliff and ordering "blooding" of junior soldiers.
— - Roberts-Smith denies the claims, describing the legal situation as "unchartered territory" for Australia.
— - The prosecution highlights common themes: all alleged victims were handcuffed, detained, and killed in controlled situations.
Source: BBC News