Australia's most-decorated living soldier has been charged over allegations he committed war crimes in Afghanistan.
Ben Roberts-Smith - who left the defense force in 2013 - was arrested at Sydney airport on Tuesday and will face court over five counts of the war crime of murder. He will spend the night in a cell, before a bail hearing on Wednesday.
A defamation judgment in 2023 found the former Special Air Service (SAS) corporal and Victoria Cross recipient had killed several unarmed Afghans.
The 47-year-old denies all wrongdoing and has previously stated the allegations against him were egregious and spiteful.
The civil trial was the first time in history any court has examined claims of war crimes by Australian forces.
Roberts-Smith argued that the alleged killings occurred legally during combat or did not happen at all, and last year lost an appeal against the Federal Court finding.
At a news conference in Sydney on Tuesday, the Australian Federal Police (AFP) confirmed a 47-year-old former soldier had been arrested and said he would be charged with killing unarmed detainees while serving in Afghanistan between 2009 and 2012.
He faces one charge of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counseling or procuring a murder.
It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF [Australian Defence Force] in the presence of, and acting on the orders of, the accused, Commissioner Krissy Barrett said.
In 2020, a landmark investigation known as the Brereton Report found credible evidence that elite Australian soldiers unlawfully killed 39 people in Afghanistan, recommending 19 current or former ADF members be investigated.
A specialist team - called the Office of the Special Investigator (OSI) - was set up to do so. It has charged only one other person so far.
Ross Barnett, director of investigations at OSI, said Roberts-Smith's arrest was a significant step under challenging circumstances.
The OSI has been tasked with investigating literally dozens of murders alleged to have been committed in the middle of a war zone in a country 9,000 kilometers from Australia.
Barrett added that allegations of misconduct were confined to a very small section of our trusted and respected ADF. She emphasized, The majority of the ADF do our country proud.
Prime Minister Anthony Albanese has refrained from commenting on the case, emphasizing the importance of political neutrality as it is before the courts.
The Australian War Memorial has stated it will again review its Ben Roberts-Smith exhibit, reflecting on the ongoing controversies associated with his legacy. Initially celebrated as a hero for his outstanding acts during combat, Roberts-Smith now faces a significant legal battle to clear his name amidst serious war crime allegations.
