Ben Roberts-Smith walked free on bail on Friday after being charged with war crime murder for the deaths of five unarmed Afghan civilians during his service with the Australian SAS.
The 47-year-old Victoria Cross recipient was released from Sydney’s Silverwater Correctional Complex late on April 12, five hours after Judge Greg Grogin granted bail on strict conditions including a $250,000 security deposit. Prosecutors had opposed release, citing concerns he might flee or interfere with witnesses, but the judge ruled exceptional circumstances justified his freedom ahead of trial.
Roberts-Smith faces five counts of war crime murder linked to incidents in Uruzgan province in 2009 and 2012. The charges allege he personally shot two victims and ordered subordinates to kill three others — all described as unarmed civilians, including a father and son, a farmer, and two detainees. Australian law defines war crime murder as the intentional killing of someone not taking active part in hostilities during armed conflict.
In his first public remarks since release, Roberts-Smith addressed media on the Gold Coast on Sunday, denying all allegations and vowing to clear his name at trial. “I have never run from a fight in my life. I will never grant up,” he said, repeating a phrase that has become central to his public defence. He refused to take questions after delivering his statement.
The veteran said his arrest at Sydney Airport on April 7 felt like a “sensational and unnecessary spectacle” after a decade of what he described as a campaign to discredit his service. He maintained he always acted within his values, training, and the rules of engagement during his time in Afghanistan.
For more on this story, see Ben Roberts-Smith Arrested: Alleged War Crimes and Murders in Afghanistan.
Roberts-Smith expressed pride in his service and praised the sacrifice of fellow soldiers, many of whom he called friends. He thanked his partner Sarah Matulin, their daughters, his parents, and said he was humbled by public support from Australians who reached out privately and publicly.
The case follows a 2020 military inquiry that found evidence of unlawful killings by elite SAS and commando units, including 39 Afghan prisoners, farmers, and noncombatants. Around 40,000 Australian personnel served in Afghanistan between 2001 and 2021, with 41 killed in action.
A civil court in 2023 had already found similar allegations credible on the balance of probabilities, rejecting Roberts-Smith’s defamation claim against Nine newspapers. However, the criminal charges require proof beyond reasonable doubt — a higher threshold the prosecution must now meet at trial.
Prosecutor Simon Buchen told the bail hearing the charges were “among the most serious known to the criminal law” and revealed Roberts-Smith had made advanced plans to relocate overseas when he learned authorities were considering charges, though he did not inform them.
Judge Grogin indicated the matter could take years to resolve, noting the complexity of the case and the need for careful legal proceedings. Roberts-Smith has not yet entered a plea.
What are the specific allegations against Ben Roberts-Smith?
He is accused of personally shooting two unarmed Afghan civilians and ordering subordinates to kill three others — a father and son, a farmer, and two detainees — during SAS operations in Uruzgan province in 2009 and 2012, with allegations that evidence was planted to make the killings appear lawful.
Why was bail granted despite prosecutors’ objections?
Judge Greg Grogin ruled Roberts-Smith had demonstrated exceptional circumstances justifying release, determining the risk of flight or witness interference did not outweigh his right to bail under strict conditions, including a $250,000 security deposit.
