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How a five-year investigation led to Ben Roberts-Smith’s arrest

Decorated former soldier Ben Roberts-Smith has been charged with five counts of war crime – murder following a complex, five-year investigation into the deaths of unarmed Afghan men dating back nearly 20 years.

Australian Federal Police (AFP) officers arrested Roberts-Smith, 47, at Sydney Airport today over alleged war crimes committed during his Afghanistan deployment between 2006 and 2012.

The Victoria Cross recipient's arrest is the result of a landmark joint AFP and the Office of the Special Investigator (OSI) investigation into the Australian Defence Force (ADF) that began in 2021.

READ MORE: Witnesses describe moment former decorated soldier was arrested at busy airport

His arrest could kick off the largest and most significant war crime prosecution in Australia's history.

The maximum penalty for the offence of war crime – murder is life imprisonment.

Roberts-Smith has always denied any allegations of wrongdoing.

Here is how it all unfolded.

2006 – Roberts-Smith is deployed to Afghanistan

Roberts-Smith was deployed to Afghanistan as part of the Special Air Service Regiment (SASR), the first of multiple military postings in the country.

He was later awarded the Medal for Gallantry for his actions in Afghanistan in 2006.

The decorated war veteran returned to Afghanistan four more times, in 2007, 2009, 2010 and 2012.

2009 – Afghan men killed in Kakarak

Roberts-Smith was deployed on an SAS mission in the Uruzgan province of Kakarak in April 2009.

While on this mission, the AFP will allege his actions resulted in two possible crimes:

  • The war crime of murder, in that he allegedly intentionally caused the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan.
  • The war crime of murder, in that he allegedly aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 12 April, 2009, at Kakarak, Uruzgan Province, Afghanistan.

Ben Roberts-Smith loses defamation case.

2010 – Heroic actions during battle of Tizak

Roberts-Smith was awarded the Victoria Cross for his "most conspicuous gallantry" and "valour" during his fifth tour of Afghanistan in the battle of Tizak on June 11.

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2011 - Victoria Cross awarded

In 2011, he received the Victoria Cross for his heroism the year prior in Tizak.

This is the highest military honour that can be awarded in Australia.

2012 – Mission in Uruzgan, Afghanistan

His leadership and courage as a patrol commander on more than 50 high-risk operations is later recognised with a Commendation for Distinguished Service.

In 2012, Roberts-Smith conducted operations in Uruzgan, Afghanistan. He has been charged with three separate offences arising from this mission, the details of which are expected to be:

  • The war crime of murder, in that he allegedly aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 11 September, 2012, at Darwan, Uruzgan Province, Afghanistan.
  • The war crime of murder, with another person, in that they allegedly intentionally caused the death of a person, on or about 20 October, 2012, in Syahchow, Uruzgan Province, Afghanistan.
  • The war crime of murder, in that he allegedly aided, abetted, counselled or procured another person to intentionally cause the death of a person, on or about 20 October, 2012, at Syahchow, Uruzgan Province, Afghanistan.

2013 – Roberts-Smith retires

Roberts-Smith retires as full-time soldier and forms his consultancy business, RS Group Australia, in 2013.

He was named the 2013 Australian Father of the Year.

Ben Roberts-Smith was found to have been engaged in or was complicit in four unlawful killings of prisoners while he was deployed in Afghanistan.

2018 – Newspaper investigation into war crimes

Nine newspapers The Sydney Morning Herald, The Age and The Canberra Times publish allegations of war crimes against an anonymous SAS soldier known as "Leonidas" in June 2018.

In August, Roberts-Smith is named in reports after his lawyers unsuccessfully sought an injunction.

Roberts-Smith then sued the publishers of The Sydney Morning Herald, The Age and The Canberra Times for defamation in the Federal Court.

Nine is the publisher of this website.

Ben Roberts-Smith departs the Federal Court in Sydney, Friday, 2 May 2025. Evidence in the Ben Roberts-Smith's defamation case has been given for the first time in the years-long battle after the former soldier won a court bid to use a 'secret recording' of the journalist as part of an attempt to overturn his damning defamation loss.

2020 – Defamation trial delayed, Brereton reports finds 'credible evidence' of 23 incidents

The Brereton report found credible evidence of 23 incidents in which a total of 39 Afghan nationals were unlawfully killed by Australian special forces.

It identified 25 current or former ADF personnel accused of perpetrating war crimes, with 19 former soldiers to face a criminal investigation. In the public version of the report, the names of all soliders were redacted.

Meanwhile, the defamation trial was delayed due to the COVID-19 pandemic.

2021 – Defamation trial begins

The defamation trial between Roberts-Smith and media outlets The Age, The Sydney Morning Herald and the Canberra Times begins in the Federal Court, Sydney, in June 2021.

It takes 110 days in court over 14 months, with 41 witnesses called.

Ben Roberts-Smith arriving at Perth Domestic Terminal from Sydney in June, 2023.

2022 – Trial concludes

The trial ended on July 27, 2022, with Justice Anthony Besanko reserving his decision as a written judgment to be handed down at a later date.

2023 - Roberts-Smith's defamation claims thrown out

Justice Besanko dismissed Roberts-Smith's case against Nine, finding that most of the war crimes and bullying allegations against him were substantially true, with a defence of contextual truth accepted in a domestic violence allegation involving an unnamed woman.

The judge found, to the lesser civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and had broken the rules of military engagement.

Roberts-Smith then filed an appeal.

2025 – Judge rejects appeal

The disgraced war hero's final attempt to appeal his defamation loss was thrown out in September 2025.

The costs of the 110-day trial and the 10-day appeal were estimated to exceed $30 million.

Ben Roberts-Smith arrested at Sydney Airport

2026 – Roberts-Smith is arrested at Sydney Airport

Roberts-Smith was arrested at Sydney Domestic Airport after he arrived on a flight from Brisbane.

He was charged with five counts of alleged war crime – murder.

The charges, if proved in a court of law, carry a maximum sentence of life in prison.

If you are a current or former ADF member, or a relative, and need counselling or support, you can contact the Defence All-Hours Support Line on 1800 628 036 or Open Arms on 1800 011 046.

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