AUSTRALIA/DEFENCE
Former Australian Defence Force member and Victoria Cross recipient, Benjamin Roberts-Smith, 47, has been arrested and charged with five counts of war crime – murder under a joint investigation between the Office of the Special Investigator (OSI) and the Australian Federal Police (AFP).
Mr Roberts-Smith was arrested at Sydney Domestic Airport this morning and later charged with the following offences:
- The war crime of murder, in that he intentionally caused the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan;
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan;
- The war crime of murder, with another person, in that they intentionally caused the death of a person, on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan; and,
- The war crime of murder, in that he aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October, 2012, at Syahchow, Uruzgan Province, Afghanistan.
The maximum penalty for the offence of war crime – murder is life imprisonment. He is expected to appear in a NSW court later today.
“The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF, which helps keep this country safe,” said AFP Commissioner Krissy Barrett.
“The overwhelming majority of our ADF do our country proud. Today’s charges are not reflective of the majority members who serve under our Australian flag with honour, distinction and with the values of a democratic nation.
“Today, is a day to rally behind the ADF, and be mindful of the families whose loved ones have died while serving our country.
“Those charged, or facing charges under these joint investigations, will face the justice system in Australia. This is my message to the families of victims and the Australian community who want and deserve answers.
“Furthermore, this investigation remains ongoing. I encourage those who have relevant information to come forward to the OSI if they have not yet done so.”
She said today’s action marks the second time a joint OSI and AFP investigation has laid War Crimes – Murder charges against a former ADF member in Australia.
“I want to thank the hardworking members of OSI and AFP for their continued dedication. I also want to thank state and territory law enforcement agencies that have provided assistance during this investigation.”
“This matter is now before the court so I am constrained about what further information can be provided.”
The joint OSI-AFP investigation began in 2021, and inquiries are continuing. The OSI and AFP are investigating allegations of criminal offences under Australian law related to breaches of the Laws of Armed Conflict by Australian Defence Force personnel in Afghanistan between 2005 and 2016.
The joint OSI-AFP investigation has, in total, commenced 53 investigations involving allegations of war crimes by Australian Defence Force members in Afghanistan.
Thirty-nine of these matters are no longer under active investigation, subject to any new evidence emerging. These matters have been comprehensively investigated, and sufficient evidence of a war crime does not exist to support the referral of a brief of evidence to the Commonwealth Director of Public Prosecutions. A further 10 investigations are ongoing.
