6 feet 7 inches and war crimes-accused: Ben Roberts-Smith's fall from Australia's most decorated soldier to public arrest
On Friday (Apr 17), Sydney’s Downing Centre Local Court granted bail to Ben Roberts-Smith, days after Australia's most decorated soldier was arrested publicly over alleged war crimes while deployed in Afghanistan. Roberts-Smith was a national hero. How did he reach this stage?
Ben Roberts-Smith arrest and bail
Ben Roberts-Smith was arrested by the Australian Federal Police on April 7 at Sydney Airport after arriving from Brisbane. The public arrest took place even after he said he would surrender. He faces five counts of the war crime of murder. The maximum penalty for each count is life imprisonment.
After being arrested, he spent about nine nights at Silverwater Correctional Complex, where he was remanded in custody.
The bail was granted under strict conditions, including a $250,000 surety that would be forfeited if breached, and measures to mitigate flight risk and witness interference.
Ben Roberts-Smith: The six feet seven inches soldier
Ben Roberts-Smith is approximately 200 cm, or 6 feet 7 inches tall, and weighs around 110 kg. He was an imposing figure, standing tall and distinct at public functions.
Crimes in Afghanistan: What is Ben Roberts-Smith accused of?
Roberts-Smith faces five counts of the war crime of murder under section 268.70(1) of the Criminal Code Act 1995 of Australia. He was allegedly involved in the unlawful killings of five unarmed Afghan men who were detainees not taking part in hostilities during the Afghan war. The killings happened when Roberts-Smith was serving with the Special Air Service Regiment (SASR) in Uruzgan Province, between 2009 and 2012.
He faces one count of the actual offence of murder, one count of joint commission of murder, and three counts of aiding, abetting, counselling, or procuring murder. The specific incidents happened in Kakarak village on or about April 12, 2009; Darwan village on or about September 11, 2012; and Syahchow village around October 20, 2012.
Was Ben Roberts-Smith a trigger-happy soldier? What the case says
The victims were allegedly shot by Roberts-Smith himself, or by subordinates acting on his orders and/or in his presence.
These are the first war crimes murder charges against such a high-profile former member of the Australian Defence Forces (ADF).
Ben Roberts-Smith was much respected in public life
After leaving the army in 2013, Roberts-Smith was often celebrated as a national hero and held several public and advisory roles.
He was Chairman of the National Australia Day Council from 2014 to 2017, and deputy chair of then Prime Minister Tony Abbott’s mental health advisory committee in 2014. He also worked as general manager of media company Seven Queensland.
Ben Roberts-Smith, a much-decorated Australian hero
Prior to the allegations, Roberts-Smith was one of Australia’s most celebrated and decorated living soldiers. He received the Victoria Cross for Australia in 2011 for extraordinary bravery in a 2010 battle against Taliban fighters. He was cited for charging enemy positions, drawing fire, and enabling his patrol to regroup.
He received the Medal for Gallantry in 2006 and a Commendation for Distinguished Service.
In short, Roberts-Smith embodied the public image of Australian military heroism in the Afghanistan campaign. His story was heavily promoted in the media.
He was named Australian Father of the Year. His medals and uniform were displayed at the Australian War Memorial.
Investigative journalism caught up with Ben Roberts-Smith
The war crimes allegations surfaced after investigative journalism into his actions in Afghanistan. In 2018, newspapers such as the Sydney Morning Herald, The Age, and The Canberra Times published allegations of unlawful killings. He was also accused of bullying and domestic violence during his SAS deployments. Roberts-Smith sued the newspapers and the journalists involved for defamation to clear his name.
How the evidence was against Ben Roberts-Smith
A civil trial took place for more than 100 days between 2021 and 2023, during which the court heard extensive evidence from fellow soldiers and others. In June 2023, Federal Court Justice Anthony Besanko ruled that the publications were substantially true on the balance of probabilities.
The judge found that Roberts-Smith had murdered four unarmed Afghans and broken military rules of engagement, which he said “disgraced his country”.
Roberts-Smith lost his appeal in May 2025, and the High Court refused a further appeal, paving the way for his arrest.
A six-year joint probe by the newly created Office of the Special Investigator (OSI) and the ADF heard eyewitness testimony from former comrades. The result was the April 2026 charges.
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