Ben Roberts-Smith, Australia’s most-decorated living soldier, will stay in jail after his legal team declined to apply for bail on Wednesday. The 47-year-old former corporal was arrested at Sydney Airport on Tuesday and immediately transferred to police custody.
He faces five counts of murder involving allegations spanning his service in Afghanistan between 2009 and 2012. Roberts-Smith, a recipient of the Victoria Cross, has consistently denied the allegations, previously dismissing the claims as "egregious."
The path to criminal charges
The criminal proceedings follow a landmark 2023 civil defamation ruling. In that case, a judge found that there was substantial truth to claims that Roberts-Smith had killed unarmed Afghans during his deployment with the Special Air Service Regiment (SAS).
While defamation cases typically operate under a lower burden of proof, the findings served as a catalyst for the Australian Federal Police (AFP) investigation. AFP Commissioner Krissy Barrett described the inquiry as a complex, thorough process.
"It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of, the accused," Barrett said on Tuesday. She emphasized that the alleged misconduct was limited to a "very small section" of the Australian Defence Force.
The charges against Roberts-Smith include one count of murder, one count of jointly commissioning a murder, and three counts of aiding, abetting, counseling, or procuring a murder. If convicted, he faces a maximum penalty of life in prison.
During the previous civil proceedings, Roberts-Smith’s defense argued that the deaths occurred during lawful combat or did not take place at all. His lawyers did not seek bail during Wednesday’s brief court appearance.
Roberts-Smith is scheduled to appear in court again on April 17. He will participate in that hearing via video link.
