Former Australian Special Air Service (SAS) soldier and Victoria Cross recipient Ben Roberts-Smith has appeared in Sydney for the first hearing on charges of war crimes. He did not apply for bail, and the court ordered him to remain in custody pending trial. The 47-year-old defendant was arrested at Sydney Airport on Tuesday and is being held at Silverwater Prison.
The prosecution alleges that between 2009 and 2012, during multiple deployments to Afghanistan, Roberts-Smith was involved in five alleged war crimes, including murder of Afghan civilians who were not participating in hostilities and were already detained. Authorities claim he personally shot unarmed individuals and ordered subordinates to execute others.
The allegations stem from media reports that emerged in 2018. Following a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator, formal charges were filed. Roberts-Smith has consistently denied all allegations and previously pursued legal action to clear his name.
The case was handled via video link on Wednesday, presided over by Judge Lucas Swan. Defense lawyer Jordan Portokalli requested that Roberts-Smith appear in person, but the judge deemed it “impractical,” and the request was denied. The next court hearing is scheduled for June 4.
Given the gravity of the charges and their connection to international humanitarian law, the trial is expected to draw significant attention and may have further implications for the reputation of the Australian military and its overseas operations.