Australia’s most decorated living soldier denies war crime charges

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Australia’s most decorated living soldier, Ben Roberts-Smith, has issued a public denial of all accusations against him following charges laid last week, including five counts related to the war crime of murder.

The Victoria Cross recipient, who was granted bail on Friday, said he remains “proud of my service in Afghanistan” and intends to use the legal proceedings as a chance to “finally” restore his reputation.

He said: “I understand this journey will be difficult. But I can promise everybody that I have never run from a fight in my life.”

Roberts-Smith, 47, is alleged to have played a role in the killing of unarmed Afghan detainees between 2009 and 2012, either directly or by instructing others to carry out the acts.

A former corporal with Australia’s Special Air Service (SAS) Regiment, he told reporters that “while I would have preferred these charges not to be brought, I will be taking this opportunity to finally clear my name”.

He went on: “I’m proud of my service in Afghanistan. While I was there, I always acted within my values, within my training and within the rules of engagement.”

Describing his arrest as a “sensational” and “unnecessary spectacle,” Roberts-Smith declined to answer questions from the media.

He was detained at Sydney airport on 7 April before being released on bail days later. During the hearing, the presiding judge characterized the matter as “exceptional,” noting that without bail the accused could face “possibly years and years” in custody before the case proceeds to trial.

The criminal proceedings come after a 2023 civil defamation ruling, in which a judge concluded there was “substantial truth” to some of the allegations concerning unlawful killings.

That case was initiated by Roberts-Smith against Nine newspapers, which first reported claims of misconduct in 2018. It marked the first occasion an Australian court examined accusations of war crimes involving the country’s military forces.

Roberts-Smith has consistently maintained that the alleged incidents either occurred lawfully during combat operations or did not happen, and he unsuccessfully appealed the Federal Court’s decision last year.

He is currently facing multiple charges, including one count of murder as a war crime, one of jointly commissioning a killing, and three counts related to aiding, abetting, counselling, or procuring murder.

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