Ben Roberts-Smith arrested: Decorated army veteran charged with war crimes by Australian Federal Police

Decorated army veteran Ben Roberts-Smith has been charged by Australian Federal Police over alleged war crimes.

Mr Roberts-Smith was arrested at Sydney Airport on Tuesday morning as he arrived on a flight from Brisbane.

Australian Federal Police Commissioner Krissy Barrett revealed that the 47-year-old Victoria Cross recipient faces five counts of war crime - murder, following a joint investigation with the Office of the Special Investigator.

The maximum penalty for war crime - murder is life imprisonment.

Mr Roberts-Smith has been been refused bail and is due to appear in NSW Bail Division Court 7 on Wednesday.

An AFP statement revealed that Mr Roberts-Smith’s charges related to the following incidents:

• The death of a person “on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan”;
• The alleged aiding, abetting, counselling or procuring of another person to cause the death of a person on the same time and date;
• The alleged aiding, abetting, counselling or procuring of another person to cause the death of a person “on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan”;
• The death of a person “on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan; and
• The alleged aiding, abetting, counselling or procuring of another person to cause the death of a person on that same date.

Ms Barrett said it would be alleged that “a man was a member of the ADF when he was involved in the death of Afghan nationals between 2009 and 2012 in circumstances that constitute war crimes under the Commonwealth Criminal Code”.

“The offence of war crime murder carries a maximum penalty of life imprisonment. It will be alleged the victims were not taking part in hostilities at the time of their alleged murders in Afghanistan.

“It will be alleged the victims were detained, unarmed, and were under the control of ADF members when they were killed.

“It will be 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.”

Ms Barrett said the charges related to “a very small section” of the Australian Defence Force.

“The overwhelming majority of our ADF do our country proud,” she said.

“Today’s charges are not reflective of the majority members who serve under the our Australian flag with honour with distinction and with the values of a democratic nation. Today is a day to rally behind the ADF and be mindful of the families whose loved ones have died while serving our country.”

OSI director of investigations Ross Barnett said Mr Roberts-Smith was entitled to the presumption of innocence.

“The OSI has in total commenced 53 investigations involving allegations of war crimes by Australian and defence force members in Afghanistan — 39 of those matters have now been provisionally finalised unless new evidence emerges.

“Those 39 matters have also been comprehensively investigated to the same high standard as today’s charges.

“But we have not gathered sufficient evidence to meet the threshold for the referral of a brief of evidence to the Director of Public Prosecutions. Other investigations remain ongoing.”