Australian Federal Police yesterday arrested and charged former soldier Ben Roberts-Smith with five war crime murders, which allegedly took place between 2009 and 2012. The Victoria Cross winner was taken into custody at Sydney Airport. AFP Commissioner Krissy Barrett and OSI Director Investigations Ross Barnett later addressed the media.
The Australian Federal Police Commissioner said the arrest came as the result of a joint investigation between the office of the special investigator and the AFP.
‘It will be alleged the man was a member of the ADF when he was involved in the death of Afghan nationals… in circumstances that constitute war crimes under the Commonwealth Criminal Code,’ said Commissioner Barrett.
Life imprisonment
‘The offense of war crime murder carries a maximum penalty of life imprisonment,’ she said.
‘It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed, and were under the control of ADF members when they were killed.
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.’
Commissioner Barrett said the complex, joint investigation had begun in 2021, describing it as thorough and meticulous.
‘We understand these charges will have an impact on several communities in Australia… 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. The overwhelming majority of our ADF do our country proud,’ she said.
‘Today’s charges are not reflective of the majority members who serve under the Australian flag with honor, with 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,’ said Commissioner Barrett.
Significant step
OSI Director Investigations Ross Barnett said, ‘Today’s action is a significant step and is underpinned by a careful and professional investigation under challenging circumstances and the gathering of evidence over a lengthy period. The seriousness of these charges has deserved nothing less.
‘I want to acknowledge the team past and present for the resilience, investigative acumen and impartiality they have demonstrated throughout this investigation.
‘Equally, it is also important to acknowledge that the person charged is entitled to the presumption of innocence until determined otherwise,’ he said.
‘The OSI has in total, commenced 53 investigations involving allegations of war crimes by Australian Defense Force members in Afghanistan. 39 of those matters have now been provisionally, finalised, unless new evidence emerges. Those 39 matters have also been comprehensively investigated to the same high standard as today’s charges, but we have not gathered sufficient evidence to meet the threshold for the referral of a brief evidence to the Commonwealth Director of Public Prosecutions. Other investigations remain ongoing,’ said Mr Barnett.
‘These war crimes allegations are extremely complex matters to investigate, however we remain committed to completing the remaining investigations as expeditiously as possible.’
Ben Roberts-Smith has consistently denied all wrongdoing in previous legal skirmishes. The matter is expected to return to court on 4 June.
After years of public pressure, the Australian War Memorial in Canberra now says it is reviewing its Ben Roberts-Smith VC exhibit.
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