The murder allegations against decorated Australian soldier Ben Roberts-Smith

Ben Roberts-Smith, Australia’s most highly decorated living soldier, faced war crimes charges for the first time in a Sydney courtroom on Friday via video link. The former SAS corporal was charged with five counts of murder, allegedly linked to his service in Afghanistan. Court documents obtained by the BBC outline specific accusations, including the killing of a disabled Afghan detainee, the execution of a prisoner during an initiation ritual, and the planting of evidence to conceal misconduct.

Background of the decorated soldier

Roberts-Smith joined the Australian Defence Force at 18 and served two tours in East Timor before becoming part of the SAS in 2003. By 2009, he had accumulated over a decade of military experience and was awarded a Medal of Gallantry. His unit was deployed to a compound near Tarin Kowt, central Afghanistan, where Australian troops were engaged in combat with Taliban insurgents. The SAS was called in to clear the area after an airstrike, uncovering a tunnel and two detainees—Mohammad Essa and his son Ahmadullah.

Allegations at Whiskey 108 compound

According to court records, Roberts-Smith was accused of carrying Ahmadullah, who used a prosthetic leg, outside the compound and throwing him to the ground before shooting him multiple times with a machine gun. The act was reportedly observed by several ADF members, including those forming a protective cordon. Later, he allegedly ordered a rookie soldier, referred to as Person Four, to execute the senior detainee, Mohammad Essa, while using a suppressor. The documents claim Roberts-Smith and his patrol leader declared the “blooding” of the Rookie upon mission completion.

The 2012 manhunt for Sergeant Hekmatullah

In August 2012, an Afghan National Army soldier killed three Australians, prompting a high-priority search. Roberts-Smith, who had been awarded the Victoria Cross the previous year, was tasked with locating Sergeant Hekmatullah in the village of Darwan. Arriving by helicopter on 11 September, his team captured three detainees, including Ali Jan. Prosecutors allege Roberts-Smith physically assaulted the handcuffed prisoners during tactical questioning. One of the detainees, Ali Jan, was reportedly kicked off a cliff by a colleague named Person 11, after being restrained. A hand-held radio, taken from a previously killed man, was placed near Ali Jan’s body to support the claim of a shooting.

Denials and legal context

Roberts-Smith denied the charges during a defamation trial, asserting that no prisoners were detained and the cliff did not exist. His lawyer described the accusations as “unchartered legal territory” for Australia, which has yet to conduct a war crimes trial. The prosecution’s submission continues to detail the alleged events, including the witness accounts of Person Four and local villagers who claim to have seen the fall.

“Shoot that [expletive],” the court documents allege he said to Person Four – who understood it to be an order and complied.

As the case progresses, the court will determine the validity of these claims, with key evidence hinging on the testimonies of those present during the alleged incidents. The outcome could set a precedent for Australia’s approach to war crimes trials.