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Ben Roberts-Smith, Australia’s most decorated soldier, denies Afghan war crimes | World News

Australia’s most decorated soldier, charged with war crimes related to Afghanistan deployments over a decade ago, has publicly denied the allegations ‌against him.

Ben Roberts-Smith, 47, released on bail this week, is charged with five counts of war crimes over ​the alleged murder of five unarmed Afghan civilians in Uruzgan province, in the country’s south, between 2009 ​and 2012.

He is accused of shooting two victims dead and allegedly ordered subordinates to shoot the other three victims.

Each charge carries a maximum sentence of life in prison.

The former Special Air Service (SAS) corporal, who was arrested on 7 April, has consistently denied ​accusations of wrongdoing, many of which were first reported by Nine Entertainment newspapers ​in a series of articles from 2018 onwards.

Ben Roberts-Smith arrives at court in 2021. Pic: AP
Image:
Ben Roberts-Smith arrives at court in 2021. Pic: AP

Opposing bail, prosecutor Simon Buchen described the charges against Roberts-Smith as “among the most serious known to the criminal law”.

Speaking to the media on Queensland’s Gold Coast, the former soldier said he was always within the rules of engagement ​in Afghanistan.

“I categorically deny all of these allegations, and while ​I would have preferred these charges not be brought, I will be taking ‌this ⁠opportunity to finally clear my name,” he said.

“I’m proud of my service in Afghanistan.”

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After more than a week in custody, Roberts-Smith was granted bail after a judge said the case would probably take ​years to reach court.

Prosecutors ⁠had opposed bail over concerns he might attempt to contact witnesses.

Police have said they will allege ​Roberts-Smith’s victims were not active in hostilities ​at the ⁠time of their deaths and were detained, unarmed and under the control of Australian troops when killed.

He lost a defamation ⁠suit ​over the media accusations in 2023 and was found, ​on the balance of probabilities, to have been involved in the murder of four ​Afghan civilians.

At that trial, Roberts-Smith testified he had never killed an unarmed Afghan and said he had never committed a war crime. He claimed he was the victim of spiteful fellow soldiers’ lies and that others were jealous of his medals.

Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan and is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime.

Defence lawyer Slade Howell told the bail hearing the case “may properly be described as exceptional in the sense that it is out of the ordinary”.

“The use of domestic courts to prosecute alleged war crimes committed by a highly decorated Australian soldier deployed overseas repeatedly by the Australian government to fight a war on its behalf is unprecedented and is uncharted legal territory of the common law of this country,” Mr Howell said.


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