Former Australian SAS Soldier Faces Five War Crime Murder Charges
Ben Roberts-Smith, a decorated Victoria Cross recipient and former Australian Special Air Service (SAS) corporal, has been formally charged with five counts of the war crime of murder. The charges stem from alleged incidents that occurred during his military service in Afghanistan, where he is accused of ordering and participating in the execution of unarmed civilians.
Court Documents Reveal Disturbing Allegations
According to a detailed statement of facts presented to the New South Wales local court, multiple Australian soldiers have provided witness accounts to prosecutors detailing their involvement in executing detainees under Roberts-Smith's direction or with his complicity. The documents reveal that Roberts-Smith, as their military superior, allegedly orchestrated these unlawful killings during various missions in Afghanistan between 2009 and 2012.
The statement of facts outlines several common themes across the alleged murders: each victim was unarmed and located in areas where insurgents might reasonably be suspected; all incidents occurred when there was no active engagement with enemy forces and the Australian Defence Force controlled the environment; evidence was allegedly planted or falsely associated with each deceased person to make the killings appear lawful under rules of engagement; and each victim was handcuffed, detained, and questioned before execution.
Specific Incidents Detailed in Charges
Charges one and two relate to an incident on April 12, 2009, in the village of Kakarak. According to the allegations, Roberts-Smith and his troop discovered two unarmed men—father and son Mohammad Essa and Ahmadullah—hiding in a tunnel at a compound designated "Whiskey 108." After handcuffing both men, Roberts-Smith allegedly carried Ahmadullah, who wore a prosthetic leg, outside the compound walls and shot him multiple times with a belt-fed machine gun in front of several witnesses.
The documents further allege that Roberts-Smith then returned to where Mohammad Essa remained, summoned another soldier referred to as "Person 4" (described as "the rookie"), and instructed him to attach a suppressor to his M4 assault rifle. Roberts-Smith allegedly placed Mohammad Essa on his knees before Person 4 and ordered, "Shoot that cunt." Person 4, understanding this as an order, shot Mohammad Essa in the head, killing him.
Charge three involves an incident on September 11, 2012, during a search for a rogue Afghan National Army soldier in Darwan village. Roberts-Smith allegedly singled out a farmer named Ali Jan during tactical questioning that involved punching and physically assaulting handcuffed detainees. The facts state that Roberts-Smith kicked Ali Jan off a cliff, causing him to fall approximately 10 meters and sustain serious injuries including lost teeth. Another soldier then allegedly fired shots that killed Ali Jan, who was not a combatant at the time.
Charges four and five relate to an October 2012 mission in Syahchow village where two prisoners were allegedly marched to a cornfield under Australian control and shot dead, either by Roberts-Smith or at his direction. After the shootings, Roberts-Smith allegedly threw a grenade toward the bodies to support a false claim that the deaths occurred during legitimate combat operations within rules of engagement.
Bail Granted Under Strict Conditions
Roberts-Smith, who was arrested and remanded in custody last week, was granted bail on Friday under stringent conditions. His father, former judge Len Roberts-Smith, offered to pay a $250,000 surety that will be forfeited if his son breaches bail or fails to appear in court. Prosecutors had argued Roberts-Smith represented a flight risk who might attempt to leave Australia to avoid facing trial.
Judge Greg Grogin determined the case presented "exceptional circumstances," noting that it would likely be years before the trial begins. He ruled that Roberts-Smith's ability to prepare his defense would be unreasonably compromised if he remained incarcerated during this extended pretrial period. Bail conditions require Roberts-Smith to surrender his passport, report to police three times weekly, and comply with strict limitations on his residence and travel.
Witness Protection and Legal Proceedings
The statement of facts reveals that the Commonwealth Director of Public Prosecutions has provided indemnity undertakings to three soldier witnesses who have admitted their personal involvement in executing detainees at Roberts-Smith's direction or with his complicity. These witnesses have provided written accounts detailing both their own actions and other murders they allegedly witnessed.
Roberts-Smith has not yet entered a plea to the charges but has consistently denied any wrongdoing during his military service. Each war crime murder charge carries a potential life sentence if convicted. The case, when it eventually goes to trial, will require a unanimous jury verdict as majority verdicts are not permitted in Commonwealth cases.
The allegations contained in the statement of facts have not been tested in court and represent the prosecution's case against Roberts-Smith. The trial is expected to be a marathon legal proceeding that may not reach a jury for several years, given the complexity of the charges and the international nature of the alleged crimes.
