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Ben Roberts-Smith Fights Back Against War Crime Allegations

Australia's most-decorated soldier, Ben Roberts-Smith, has vowed to clear his name after being charged with multiple counts of murder related to war crimes during his service in Afghanistan.

Source: bbc.co.uk2 min read
Ben Roberts-Smith Fights Back Against War Crime Allegations
Image via bbc.co.uk

In brief

Ben Roberts-Smith, Australia's most decorated living soldier, publicly denied allegations of murder in a statement following his arrest. The former SAS corporal, who was released on bail, stated he is 'proud' of his military service and plans to use the legal process to vindicate himself. The charges stem from accusations related to the deaths of unarmed Afghan detainees between 2009 and 2012, amidst a backdrop of previous civil defamation claims.

Australia's most decorated living soldier, Ben Roberts-Smith, has publicly denied all allegations against him in his first statement after being charged with five counts of the war crime of murder last week.

The Victoria Cross recipient, released on bail on Friday, said he was proud of my service in Afghanistan, and would use the charges against him as an opportunity to finally clear his name.

He said: I understand this journey will be difficult. But I can promise everybody that I have never run from a fight in my life.

Roberts-Smith, 47, is accused of being involved in the deaths of unarmed Afghan detainees, either by killing them or ordering a subordinate to, between 2009 and 2012.

A former corporal in Australia's Special Air Service (SAS) Regiment, Roberts-Smith told the media that while I would have preferred these charges not to be brought, I will be taking this opportunity to finally clear my name.

He went on: I'm proud of my service in Afghanistan. While I was there, I always acted within my values, within my training and within the rules of engagement.

He described his arrest as a sensational and unnecessary spectacle, and refused to take any questions from journalists.

Roberts-Smith was arrested at Sydney airport on 7 April, and was released from jail on bail on Friday.

The presiding judge noted that his case was exceptional and he was likely to spend possibly years and years in custody before it went to trial, if not granted bail.

The criminal case against Roberts-Smith follows a 2023 civil defamation case, in which a judge found – on the balance of probabilities – there was substantial truth to some of the murder claims against him.

Brought by Roberts-Smith against Nine newspapers, which first published allegations of misconduct in 2018, the high-profile trial was the first time in history any court has examined claims of war crimes by Australian forces.

The former soldier argued the alleged killings occurred legally during combat or did not happen at all, and last year lost an appeal against the Federal Court finding.

He now faces one charge of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder.

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