Australian soldier Roberts-Smith charged with war crimes

Ben Roberts-Smith, a decorated former Australian Special Air Service (SAS) corporal and recipient of the Victoria Cross, has been charged with five counts of war crime murder linked to his service in Afghanistan between 2009 and 2012. Officials allege the offences occurred during that deployment period, and Roberts-Smith has denied the allegations, saying he intends to clear his name.

 

Court proceedings have focused in part on whether Roberts-Smith might leave Australia while the case moves forward. He was arrested at Sydney airport this month while reportedly planning to depart the country, after booking a business class flight for four days later. He was later granted bail last week under strict conditions, despite prosecutors arguing he posed a flight risk.

 

Documents released by Judge Susan Horan in the Downing Centre local court on Thursday outlined material cited by investigators and prosecutors in support of their concerns. The filings said Roberts-Smith had researched business opportunities in multiple locations, including a wellness business in Spain and a sunshade firm in Thailand.

The documents also referenced broader interest in overseas options, which authorities said was relevant to assessing the likelihood of him relocating outside Australia.

 

Stephen McIntyre, identified as a senior investigating officer with the Office of the Special Investigator (OSI), told the court the agency was concerned Roberts-Smith was attempting to move abroad. S. Prosecutors also raised concerns about possible witness intimidation or evidence tampering, pointing to alleged conduct during Roberts-Smith’s defamation trial, including claims he instructed witnesses and provided a “burner phone” to one.

 

Roberts-Smith’s bail application included support from his partner, Sarah Matulin, who told the court they had discussed moving overseas. She said the aim was to find a sense of normalcy, and linked the discussion to his difficulty securing stable employment following extensive media coverage of his failed defamation action. Roberts-Smith has continued to reject the accusations against him.

 

McIntyre also described the evidentiary basis for the charges, saying each murder count was supported by at least one eyewitness account and photographic evidence of the deceased. The case is being handled through the Australian legal system, with the OSI involved in the investigation and prosecutors contesting the risk profile presented by the accused.