War Crimes Allegations Against Ben Roberts-Smith Delayed as Legal Proceedings Unfold
Australia’s most decorated living soldier, Victoria Cross recipient Ben Roberts-Smith, faces a significant waiting period before the full extent of the allegations against him is formally revealed. Mr. Roberts-Smith has been charged with five counts of murder, pertaining to alleged war crimes during his deployment in Afghanistan.
Following his release on bail in April, after over a week in custody at Silverwater prison, the legal process is now navigating a complex path. On Tuesday, the court was informed that the prosecution’s brief of evidence, which outlines all the material intended to be used against an accused individual, cannot be served on Mr. Roberts-Smith’s legal team without a specific order from the court. This order is required under the National Security Information Act, indicating the sensitive nature of the evidence involved.
In Sydney’s Downing Centre Local Court, Judge Susan Horan has scheduled a two-hour hearing for September 1st to address this matter. Both the Crown and the defence have consented to the application for the order, with the judge ultimately tasked with determining its necessity. Mr. Roberts-Smith was not physically present in court on Tuesday, but was represented by his solicitor, Karen Espiner, who appeared via audio-visual link from Western Australia. This marks the first court mention of his case since his bail was granted by Judge Greg Grogin.
Roberts-Smith Vows to Clear His Name Amidst Allegations
In his initial public statement following the charges laid against him in April, Mr. Roberts-Smith expressed his firm intention to clear his name. He stated, “For the past 10 years, my family and I have been subject to a campaign to convince Australians that I’ve acted improperly in my service in Afghanistan. As I’ve always maintained, I categorically deny all of these allegations. And while I would’ve preferred these charges not be brought, I will be taking the opportunity to finally clear my name.”
The Australian Federal Police arrested Mr. Roberts-Smith in April as he was preparing to disembark a flight from Brisbane. The charges brought against him are five counts of murder, alleging his involvement in the deaths of five unarmed men during his deployment with the Special Air Service (SAS) in Afghanistan between 2009 and 2012. Mr. Roberts-Smith has not yet entered pleas to any of these charges.
He has consistently maintained his innocence regarding these allegations, which were also central to his unsuccessful defamation case against Nine Newspapers in the Federal Court. It is important to note that the findings against him in the Federal Court were based on the civil standard of proof – the balance of probabilities – which is a lower threshold than the criminal standard of proof required “beyond a reasonable doubt.”
Specific Allegations Detailed in Court Proceedings
The legal proceedings are beginning to delineate the specifics of the charges. The first two counts relate to the alleged killings of two men at a compound identified as Whiskey 108 in Kakarak on April 12, 2009.
- Whiskey 108 Incident:
- Mr. Roberts-Smith is alleged to have ordered another soldier to kill one man.
- He is also accused of personally shooting another man, who reportedly had a prosthetic leg, in the head.
Further charges involve the alleged murder of Ali Jan in Darwan in September 2012. The prosecution claims that Mr. Roberts-Smith kicked the handcuffed man down a cliff and subsequently ordered another soldier to shoot the shepherd in a cornfield.
The final two charges concern the alleged killings of two “persons under control” at Syahchow in October 2012.
- Syahchow Incidents:
- Mr. Roberts-Smith is alleged to have ordered another soldier to execute one of these prisoners.
- He is also accused of jointly murdering the other “person under control.”
The unfolding legal process, now subject to national security considerations, will require time before these grave allegations can be fully presented and contested in court.
