Former Australian Special Air Service (SAS) soldier Ben Roberts-Smith faces five charges of the war crime of murder allegedly committed during his service in Afghanistan. A statement of facts tendered to the New South Wales local court reveals that other Australian soldiers have admitted to executing unarmed civilians under Roberts-Smith’s orders or with his complicity.
Roberts-Smith, a recipient of the Victoria Cross and once one of the nation’s most celebrated soldiers, has consistently denied any wrongdoing. He has not yet entered a plea to the charges, each of which carries a potential life sentence in prison.
Witness Testimony and Patterns of Execution
The prosecution’s case relies in part on “indemnified witnesses.” The Commonwealth Director of Public Prosecutions has provided undertakings to three soldier witnesses who have admitted their personal involvement in executing detainees.
According to the statement of facts, these witnesses acted under the direction of or in complicity with Roberts-Smith, who served as their military superior. These soldiers have provided written accounts of their actions and detailed other murders they witnessed.
The prosecution alleges several “common themes” across the murders. These include the victims being unarmed, the Australian Defence Force (ADF) maintaining effective control of the environment with no active enemy engagement, and the victims being handcuffed and questioned before execution.
Details of the Alleged Murders
The Kakarak Incidents
Charges one and two involve the deaths of a father and son, Mohammad Essa and Ahmadullah, in the village of Kakarak on 12 April 2009. The two unarmed men were found hiding in a tunnel in a compound designated “Whiskey 108.”
Prosecutors allege Roberts-Smith shot Ahmadullah, who wore a prosthetic leg, multiple times with a belt-fed machine gun after throwing him to the ground. Roberts-Smith then allegedly ordered a new troop member, referred to as “the rookie,” to shoot Mohammad Essa in the head.
The statement of facts alleges that this act was part of an intention to “blood the rookie.” Following the mission, Roberts-Smith and the troop leader allegedly claimed they had successfully “blooded” the soldier.
The Darwan Incident
The third charge stems from an 11 September 2012 raid in the village of Darwan. Roberts-Smith, commanding the patrol, allegedly oversaw the “tactical questioning” of detainees, which involved punching and physical assault while the men were handcuffed.
The prosecution alleges Roberts-Smith kicked a farmer, Ali Jan, causing him to fall approximately 10 metres off a cliff. It is alleged that another soldier, Person 11, subsequently fired the shots that killed Jan, who was not a combatant.
The Syahchow Incidents
Charges four and five relate to the October 2012 murder of two prisoners in the village of Syahchow. The men were allegedly marched to a cornfield and shot dead by Roberts-Smith or at his direction.
Following the killings, Roberts-Smith allegedly detonated a grenade near the bodies. This was reportedly done to support a false claim that the prisoners died during a legitimate engagement.
Bail and Future Legal Proceedings
Roberts-Smith was granted bail on Friday under strict conditions. He has forfeited his passport, must report to police three times a week, and is subject to restrictions on where he can live and travel.
His father, former judge Len Roberts-Smith, provided a $250,000 surety. While prosecutors argued the defendant was a flight risk, Judge Greg Grogin ruled that incarceration would unreasonably compromise Roberts-Smith’s ability to prepare his defence.
The legal process is expected to be a “marathon trial” and may not reach a jury for several years. Because This represents a Commonwealth case, any eventual verdict must be unanimous, as majority verdicts are not permitted.
Frequently Asked Questions
What are the specific charges against Ben Roberts-Smith?
He faces five charges of the war crime of murder allegedly committed while serving in the Australian SAS in Afghanistan.
What evidence is the prosecution using?
The case is based on a statement of facts including written accounts from three “indemnified” soldier witnesses who admitted to executing detainees under Roberts-Smith’s direction or complicity.
What are the conditions of his bail?
Roberts-Smith must report to police three times a week, has forfeited his passport, and is subject to travel and residency restrictions, supported by a $250,000 surety.
How should the military handle the balance between operational secrecy and the prosecution of alleged war crimes?
