New Details Emerge About Ben Roberts-Smith’s Prison Stay
New information has come to light regarding the initial days of former SAS soldier Ben Roberts-Smith in prison, where he will remain for at least another week. Australia’s most decorated living soldier spent the night in Sydney’s Silverwater prison after being dramatically arrested and charged with five counts of alleged war crime—murder.
The former soldier was greeted at the front door by the governor of the jail before having his mugshot taken. He was given prison greens and a computer tablet to communicate with his family and legal team, and had cereal for breakfast. Insiders reported that Roberts-Smith appeared unfazed and cool during his first night behind bars.
He did not appear at a brief, online NSW Bail Division Court hearing this morning, when his case was first heard, and his lawyers did not make an immediate application for his release. Instead, they tried to have the matter listed for an in-person hearing at the city-centre Downing Centre Local Court for later in the day but conceded that might not be possible. His lawyer Jordan Portokalli told the bail court, “We understand that’s a bit of a pipe dream.”
The case is scheduled for a bail review at the Downing Centre Local Court on April 17, when Roberts-Smith can apply for his release.
The former Special Air Services soldier spent the night behind bars after being formally charged yesterday. Roberts-Smith, 47, was arrested at Sydney Domestic Airport after arriving on a flight from Brisbane. Images show officers handcuffing Roberts-Smith in what appears to be an air bridge between the plane and the tarmac.
Roberts-Smith was wearing a baseball cap, a blue polo shirt, trainers, and jeans as he was led from the plane and into an AFP car. The Victoria Cross recipient was formally charged with five counts of alleged war crime—murder yesterday afternoon. He was taken from Mascot police station to Silverwater Correctional Complex last night.
The charges, if proven in a court of law, carry a maximum sentence of life in prison.
The Victoria Cross recipient served in multiple theatres overseas during his service with the armed forces, including Iraq and Afghanistan. Australian Federal Police Commissioner Krissy Barrett said Roberts-Smith would be charged today and was expected to face court. It will be alleged that Roberts-Smith either carried out or “aided, abetted, counselled or procured” others to carry out the killings in Afghanistan between 2009 and 2012.
Barrett said the alleged victims were not believed to have been “taking part in hostilities” when they were killed. She alleged they were all shot dead, either by Roberts-Smith, or by subordinates on his orders and in his presence. If found guilty, Roberts-Smith faces a maximum sentence of life in prison.
Barrett took the time to urge Australians to offer support to the ADF and families of service members and ex-service members, who she said she expected to be affected by the news. “The overwhelming majority of our ADF do our country proud,” she said. “Today’s charges are not reflective of the majority (of) members.”
She confirmed the investigation remained open and urged anybody with information to approach the Office of the Special Investigator (OSI). OSI director of investigations Ross Barnett emphasized the complexity of the investigation, noting the obvious restrictions on access to witnesses and crime scenes, as well as Afghanistan being a hostile country under Taliban rule.
Most political leaders today steered clear of what will now be a legal battle, but One Nation leader Pauline Hanson and former Australian prime minister Tony Abbott doubled down on their support. “I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today,” Hanson said. “Ben, his immediate and broader defence family need the Australian people’s support right now and I will not abandon him like so many other politicians.”
Abbott said it was “wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life.” “If Ben Roberts-Smith transgressed, why wasn’t this picked up prior to his gallantry awards and why wasn’t any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?” he said, in a social media post.
Prime Minister Anthony Albanese said he had “no intention of commenting on a matter that’s clearly before the courts.” Opposition Leader Angus Taylor said, “The vast majority of our special forces do the right thing. They are incredible people serving this nation and playing an extremely difficult role.”
A shrine dedicated to Roberts-Smith remains on display at the Australian War Memorial in Canberra.
Five-Year Investigation
The investigation began in 2021. “Often we have to start our investigation with a photo or two of the battlefield, some contemporary ADF reporting, and potentially some third-party eyewitness testimony,” Barnett said. In 2023, Roberts-Smith lost a defamation suit he launched against Nine newspapers, The Age, and the Sydney Morning Herald after an investigation published reports he had committed alleged war crimes during his Afghanistan deployment.
Nine is the publisher of this website. The judge found, to the civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and had broken the rules of military engagement.
Roberts-Smith has always denied any wrongdoing in his service. Once celebrated as Australia’s most decorated soldier, Roberts-Smith received the Medal for Gallantry in 2006, the Victoria Cross in 2011, and the Distinguished Service Medal in 2012. He joined the armed forces in 1996 and was appointed to the Special Air Service Regiment, Australia’s most elite fighting force, in 2003. He was discharged in 2013.
If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.
