Ben Roberts-Smith denies allegations, vows to fight war crime murder charges after bail

Australia’s most decorated living soldier, Ben Roberts-Smith, has publicly denied all allegations against him and pledged to contest the case, issuing his first statement since being charged last week with five counts relating to the war crime of murder. The Victoria Cross recipient was released on bail on Friday.

“I’m proud of my service in Afghanistan,” Roberts-Smith said, adding that he would take the proceedings as an opportunity to “finally” clear his name. “I understand this journey will be difficult. But I can promise everybody that I have never run from a fight in my life.” He described his arrest as a “sensational” and “unnecessary spectacle” and declined to take questions from reporters.

Roberts-Smith, 47, is accused of involvement in the deaths of unarmed Afghan detainees between 2009 and 2012, either by killing them himself or ordering a subordinate to do so. A former corporal in Australia’s Special Air Service Regiment, 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.

He was arrested at Sydney airport on 7 April. Granting bail, the presiding judge called the case “exceptional” and noted that, without bail, he was likely to spend “possibly years and years” in custody before the matter went to trial. The criminal case follows a 2023 civil defamation trial he brought against Nine newspapers, which first published misconduct allegations in 2018.

In that case, a judge found—on the balance of probabilities—that there was “substantial truth” to some of the murder claims; the former soldier argued the alleged killings were lawful acts during combat or did not occur. He lost an appeal against the Federal Court finding last year.

The defamation proceedings were the first time any court examined claims of war crimes by Australian forces. Roberts-Smith said he would seek to clear his name through the criminal process. No trial date has been announced.