Sunday 19 April 2026

Article Browser

Browse all cached articles

⌘K⌘Btoggleopen
Ben Roberts-Smith is applying for bail while facing five war crime murder charges. Photo: Bianca De Marchi/AAP PHOTOS
CRIME-LAW-AND-JUSTICE

Accused war criminal Ben Roberts-Smith to seek freedom

3 days ago

Support The Examiner by visiting the original article

View on Examiner

Australia's most decorated living soldier will ask to be released on bail after spending eight days behind bars...

Ben Roberts-Smith is applying for bail while facing five war crime murder charges. Photo: Bianca De Marchi/AAP PHOTOS
Ben Roberts-Smith is applying for bail while facing five war crime murder charges. Photo: Bianca De Marchi/AAP PHOTOS

After spending more than a week in prison, Victoria Cross recipient and alleged war criminal Ben Roberts-Smith is expected to make a bail bid for freedom.

The 47-year-old former SAS soldier was sensationally arrested on April 7 and charged with murdering five unarmed non-combatants while deployed in Afghanistan between 2009 and 2012.

He was placed on remand and is listed to appear at Sydney's Downing Centre Local Court on Friday to seek bail.

He is expected to appear by audio-visual link from prison.

Ben Roberts-Smith is accused of murdering five unarmed non-combatants while deployed in Afghanistan. (Susie Dodds/AAP PHOTOS)
Ben Roberts-Smith is accused of murdering five unarmed non-combatants while deployed in Afghanistan. (Susie Dodds/AAP PHOTOS)

Australia's most decorated living soldier is accused of directly murdering two Afghan individuals and aiding, abetting or procuring the murder of three more.

At Kakarak in Uruzgan Province in April 2009, Roberts-Smith allegedly ordered another soldier, only known as Person 4, to kill Mohammed Essa, court documents reveal.

He also allegedly murdered another unarmed civilian, Ahmadullah, during that same raid.

Roberts-Smith allegedly ordered the murder of another man, Ali Jan, during a raid on the village of Darwan, also in Uruzgan Province, in September 2012.

The remaining two charges relate to incidents in Syahchow, Uruzgan.

There, Roberts-Smith is accused of jointly murdering an unnamed Afghan prisoner with another soldier, only known as Person 68, and ordering the execution of another.

Court documents reveal both deceased men were listed as enemies killed in action.

War crime allegations against Roberts-Smith were first exposed by the now Nine-owned Fairfax Media in 2018.

The war veteran sued the paper for defamation in the Federal Court but suffered a crushing defeat with a judge finding the accusations of murder were, on the balance of probabilities, true.

He failed to overturn these findings on appeal to the full Federal Court and the High Court.

The move from a civil case to criminal charges means prosecutors have to prove the allegations beyond reasonable doubt for a guilty verdict to be handed down.

Roberts-Smith is the second former SAS soldier facing the courts on war crime charges.

Oliver Schultz was charged in 2023 with the war crime of murder of a young man Dad Mohammad in a wheat field in Uruzgan Province in 2012.

Both war crime accused have maintained their innocence.

Australian Associated Press

Topics

crime-law-and-justicefreedomestic

Version History

1 of 6