Former Australian soldier Ben Roberts-Smith has been charged with five counts of the war crime of murder related to the deaths of Afghan nationals between 2009 and 2012.
The 47-year-old was arrested by Australian Federal Police officers at Sydney Airport on Tuesday, with footage showing him being walked off the plane by police.
He has now been charged with five counts of the war crime of murder and is expected to front a Bail Division Court on Wednesday.
“It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan,” AFP Commissioner Krissy Barrett said during a press conference on Tuesday afternoon.
“It will be alleged the victims were detained, unarmed, and were under the control of ADF members when they were killed.”
“It will be the alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of the accused.”
The charges Mr Roberts-Smith now faces include three counts of aid, abet, counsel or procure an offence - war crime - murder, and one each of war crime - murder, and joint commission to an offence - war crime - murder.
Video released by the AFP captured the moment he was walked off a plane at Sydney Airport by police officers, sporting a blue polo shirt, jeans, white sneakers and a cap.
He then stepped into a police car waiting on the tarmac, with officers speaking with him before closing the door.
He was travelling to Sydney from Brisbane when he was arrested.
It will be alleged in court that Mr Roberts-Smith intentionally caused the death of a person and aided, abetted, counselled or procured another person to intentionally cause the death of a person on or about April 12, 2009 at Kakarak, Afghanistan.
It will be further alleged he intentionally caused the death of a person and aided, abetted, counselled or procured another person to intentionally cause the death of a person on or about October 20, 2012 at Syahchow in Afghanistan, and aided, abetted, counselled or procured another person to intentionally cause the death of a person on or about September 11, 2012, at Darwan, Afghanistan.
Mr Roberts-Smith’s arrest follows his 2023 defamation loss after he tried to sue Nine Newspapers over a series of stories about war crime allegations relating to his deployment in Afghanistan.
Federal Court Justice Anthony Besanko in 2023 found, by the civil standard of the balance of probabilities, that Mr Roberts-Smith was involved in the murder of four unarmed men, ruling against him in his defamation suit against The Sydney Morning Herald, The Age and Canberra Times.
The findings were made on the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt.
Mr Roberts-Smith’s appeal to the Full Court of the Federal Court was dismissed last year, and he was refused leave to appeal the civil findings by the High Court.
Among the Federal Court findings that Mr Roberts-Smith was seeking to overturn in his appeal was the allegation that he took part in the murder of a handcuffed shepherd, Ali Jan, at Darwan in September 2012.
Mr Roberts-Smith also disputed findings that he was involved in the killings of two prisoners at a compound called “Whiskey 108” in 2009.
According to the allegations, Mr Roberts-Smith shot one man in the back and directed a “rookie” soldier to shoot another prisoner.
Roberts-Smith has denied the allegations and refuted the court’s findings, previously saying: “Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.”
Australian Prime Minister Anthony Albanese refused to comment on the arrest over concerns it could “prejudice” the case.
”I have no intention of commenting on a matter that’s clearly before the courts,” Albanese told reporters at a press conference
He added that it was “very important that there not be any political engagement”.
Opposition leader Angus Taylor was similarly tight-lipped, saying “it’s important we respect” the legal process.
But he added: “We also need to respect the role of our special forces”.
“The vast majority of our special forces do the right thing,” Taylor said.
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