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Ben Roberts-Smith arrives at Silverwater prison after being charged

Former Special Air Services soldier Ben Roberts-Smith will spend the night behind bars after being formally charged with five counts of alleged war crime – murder.

Roberts-Smith, 47, was arrested at Sydney Domestic Airport today after he arrived on a flight from Brisbane.

Images show officers handcuffing Roberts-Smith in what appears to be an air bridge between the plane and the tarmac.

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

Nine News captured footage of Ben Roberts-Smith being led into a waiting car on the tarmac of Sydney Airport.

Roberts-Smith was wearing a baseball cap, a blue polo shirt, trainers and jeans as he was led from the plane and into an AFP car.

The Victoria Cross recipient was formally charged with five counts of alleged war crime – murder this afternoon.

He will not face court today, and as a result will remain behind bars until at least tomorrow morning, when he will be able to apply for bail. He was taken from Mascot police station to Silverwater Correctional Complex this evening.

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

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The Victoria Cross recipient served in multiple theatres overseas during his service with the armed forces, including Iraq and Afghanistan.

Australian Federal Police Commissioner Krissy Barrett said Roberts-Smith would be charged today and was expected to face court.

It will be alleged that Roberts-Smith either carried out or "aided, abetted, counselled or procured" others to carry out the killings in Afghanistan between 2009 and 2012.

Roberts-Smith has been charged with five offences under section 268.70(1) of the Criminal Code:

  • Aid, abet, counsel or procure an offence – War crime – murder-SI
  • Actual offence – War crime – murder-SI
  • Aid, abet, counsel or procure an offence – War crime – murder-SI
  • Aid, abet, counsel or procure an offence – War crime – murder-SI
  • Joint commission to an offence – War crime – murder-SI

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AFP Commissioner Krissy Barrett said Ben Roberts-Smith will be charged with five counts of War Crime – Murder after a joint investigation between the Office of the Special Investigator (OSI) and the AFP.

Barrett said the alleged victims were not believed to have been "taking part in hostilities" when they were killed.

She alleged they were all shot dead, either by Roberts-Smith, or by subordinates on his orders and in his presence.

If found guilty, Roberts-Smith faces a maximum sentence of life in prison.

Barrett took the time to urge Australians to offer support to the ADF and families of service members and ex-service members, who she said she expected to be affected by the news.

Ben Roberts-Smith.

"The overwhelming majority of our ADF do our country proud," she said.

"Today's charges are not reflective of the majority (of) members."

READ MORE: How a five-year investigation led to Ben Roberts-Smith's arrest at Sydney Airport

She confirmed the investigation remained open and urged anybody with information to approach the Office of the Special Investigator (OSI).

OSI director of investigations Ross Barnett emphasised the complexity of the investigation, noting the obvious restrictions on access to witnesses and crime scenes, as well as Afghanistan being a hostile country under Taliban rule.

Dame Quentin Bryce awarded Ben Roberts-Smith with his Victoria Cross in 2011.

Pauline Hanson speaks in support of Roberts-Smith

Most political leaders today steered clear of what will now be a legal battle but One Nation leader Pauline Hanson and former Australian prime minister Tony Abbott doubled-down on their support

"I remain steadfast in my support of Ben Roberts-Smith despite news of his arrest today," Hanson said.

"Ben, his immediate and broader defence family need the Australian people's support right now and I will not abandon him like so many other politicians."

Abbott said it was "wrong to judge the actions of men in mortal combat by the standards of ordinary civilian life".

"If Ben Roberts-Smith transgressed, why wasn't this picked up prior to his gallantry awards and why wasn't any culture of brutality towards prisoners detected by his more senior officers, and dealt with quickly, rather than being allowed to fester, as has been alleged, for over a decade?" he said, in a social media post.

Prime Minister Anthony Albanese said he had "no intention of commenting on a matter that's clearly before the courts".

Opposition Leader Angus Taylor said the "The vast majority of our special forces do the right thing.

"They are incredible people serving this nation and playing an extremely difficult role," he said.

Pauline Hanson

Five-year investigation

The investigation began in 2021.

"Often we have to start our investigation with a photo or two of the battlefield, some contemporary ADF reporting, and potentially some third-party eyewitness testimony," Barnett said.

In 2023, Roberts-Smith lost a defamation suit he launched against Nine newspapers The Age and the Sydney Morning Herald after an investigation published reports he had committed alleged war crimes during his Afghanistan deployment.

Nine is the publisher of this website.

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

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Ben Roberts-Smith arrives at the NSW Supreme Courts this morning in Sydney. 18th July, 2022. Photo: Kate Geraghty

Roberts-Smith has always denied any wrongdoing in his service.

Once celebrated as Australia's most decorated soldier, Roberts-Smith received the Medal for Gallantry in 2006, the Victoria Cross in 2011, and the Distinguished Service Medal in 2012.

He joined the armed forces in 1996, and was appointed to the Special Air Service Regiment, Australia's most elite fighting force, in 2003.

He was discharged in 2013.

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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Aussie telco giants hit customers with fresh price hikes

Australia's three largest phone providers will soon hit mobile customers with monthly price hikes.

Telco giants Optus, Telstra and Vodafone have simultaneously informed customers of fresh price increases on certain mobile plans by up to $5 per month.

The price changes have caught the attention of the consumer watchdog as Australians battle an ongoing cost of living crisis.

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The Telstra logo.

READ MORE: How a five-year investigation led to Ben Roberts-Smith's arrest at Sydney Airport

Telstra was the first cab off the rank to announce a new pricing structure, with increases scheduled for most post-paid and pre-paid mobile plans.

Impacted Telstra post-paid customers will fork out an extra $4 per month, with a basic 50GB plan jumping from $70 to $74.

The price of premium post-paid plans will not change.

Meanwhile, pre-paid mobile customers will pay another $5 per month – but with the offer of extra data allowances.

This will increase the cost of a basic 25GB plan from $49 to $54 per month.

Telstra's price increases will be in effect from May 5, marking the telco's second price rise in less than a year.

An Optus phone sign hangs above its store in Sydney

"In addition, eligible concession card holders will receive a 10% discount on any in-market Upfront postpaid mobile plan (excluding the Access plan) from 1 July 2026," a Telstra spokesperson said.

"This is a significant improvement as previously concession discounts have been limited to one specific plan.

"We know our customers are doing more on our network than ever, and we're investing so we can deliver the best experience available. That includes launching new technologies like satellite-to-mobile, upgrading to the most advanced version of 5G in more locations, improving resiliency, and growing coverage where we can."

Optus has followed suit with similar markups for three different mobile plans.

All three of the plans will be an exta $5 per month.

The telco company's Small Choice Plus Plan will now be $60 per month, up from $55, with the addition of 10GB of data.

The Medium Choice Plus Plan will be $70 per month with an extra 40GB of data, while the Large Choice Plus Plan will now cost $90 per month, with 80GB more data.

Optus' price hikes will kick in from May 18.

"We are making significant, ongoing investments in our network to improve coverage, speed and resilience, while also strengthening the service and support we provide to customers," a spokesperson for Optus said.

"Changes to pricing on some plans supports this work."

It is second time Optus has increased prices in the past 12 months.

On average, impacted Optus customers are paying an extra 12 per cent for their monthly phone plans.

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The majority of Vodafone's pre-paid mobile plans will be hit with price hikes too.

Vodafone will charge customers on a handful different SIM plans between $1 and $4 more per month.

The network's $45 28-day SIM will now cost $50 per month, with an extra 5GB of data.

Meanwhile, Vodafone's 220GB SIM will be $30 more for a 12-month plan, along with 30GB more data.

The price hikes impact seven different pre-paid SIM plans.

These changes will be effective from April 5.

Vodafone was contacted for comment.

A spokesperson for the Australian Competition and Consumer Commission (ACCC) said it was watching mobile plan price increases closely.

"The ACCC has observed price increases of mobile plans in recent years and is concerned about the impact that has on consumers, especially those relying on lower-cost plans who are disproportionately affected," a spokesperson told Nine.com.au.

"It is understood that some price increases have been accompanied by expanded data inclusions.

"However, ACCC reporting shows that consumers do not generally use all their data inclusions and may not value additional data.

"We encourage consumers to actively compare mobile plans and reassess their needs, including data usage, as there are a range of plans and offers available."

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Mum hid fatal painkillers in son’s smoothie, jury told

A mother gave her adult son a lethal smoothie following disputes over money and the family's intolerable living situation, a jury has been told.

Maree Mavis Crabtree has been accused of killing her 26-year-old son, Jonathan, with an overdose of painkillers on July 19, 2017, in the family's home north of the Gold Coast before making a $125,000 insurance claim.

The 59-year-old has also been accused of attempting to murder her son in January of the same year.

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Crabtree pleaded not guilty to the murder, attempted murder and fraud charges when her trial began at Brisbane Supreme Court today.

Her son was found dead by paramedics while lying on his bed at 9.55am with his legs hanging down to the floor and a Spider-Man backpack at his feet, Crown prosecutor Caroline Marco told the jury.

"A pathologist determined the cause of his sudden and unexpected death was an excessive amount of the drug oxycodone in his bloodstream," she said.

Investigators did not find the prescription painkiller or related packaging in the son's room or among his other drugs in the Spider-Man pack.

"The Crown will prove it was his mother who killed him by deliberately giving him a drink in the form of a shake that she prepared with a blender in the kitchen of their home that contained the oxycodone that killed him," Marco said.

The jury was told they would hear from Crabtree's daughter Tara, who would testify that she helped her mother by keeping a lookout as she prepared the drink and of later hearing the son struggling and coughing throughout the night.

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Jonathan Crabtree

"Tara will tell you the next morning her mother told her Jonathan was dead but it was four hours later that (Crabtree) called Triple Zero," Marco said.

"Tara says that was not the first time that her mother had given a drink to Jonathan containing oxycodone with the intent of ending his life."

Jonathan was a "troubled man" with abusive behaviours who used drugs and had been charged with robbing a chemist, the jury heard.

A car crash in 2015 had left him with permanent injuries that meant he required physical care.

Crabtree lived in the Maudsland home that was jointly owned by her two children.

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"She told Tara that Jonathan's involvement in the robbery had put the family's finances in jeopardy, which was the reason why she needed to kill him," Marco said.

Crabtree found her living situation with her son "no longer tolerable" but she did not have the money to buy out his stake of the house, the jury heard.

Investigators found numerous bottles of liquid oxycodone in the family's home and a smoothie blender that tested positive for drugs, Marco said.

Defence barrister Angus Edwards was expected to make an opening statement.

The trial is due to run for five weeks before Justice Martin Burns and hear from 60 witnesses.

Witnesses describe moment decorated soldier was arrested at busy airport

Witnesses have described the moment former ADF soldier Ben Roberts-Smith was taken into custody on the tarmac at Sydney Airport this morning.

Federal detectives were filmed walking through the domestic terminal, just moments before the former SAS soldier was arrested after getting off a flight from Brisbane.

Witnesses described the moment Roberts-Smith was taken into custody.

READ MORE: Ben Roberts-Smith arrested as part of war crimes investigation

Federal Taskforce officers march through Sydney Airport's domestic terminal before the arrest of Ben Roberts-Smith.

"Our plane stopped and then we looked outside and there was two AFP cars and then after that we saw a man get taken into one of the cars and his family followed behind," a passenger said.

"I just saw federal police pull over, taking whatever-his-name-is into the vehicle," another witness said.

"It is a bit of a shock to see the commotion."

READ MORE: How a five-year investigation led to Ben Roberts-Smith's arrest at Sydney Airport

Ben Roberts-Smith arrested at Sydney Airport

Roberts-Smith has always denied any allegations of wrongdoing.

The Victoria Cross recipient was charged this afternoon with five counts of war crime – murder:

  • The war crime of murder, in that he 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 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.
  • The war crime of murder, in that he 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 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 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.

The maximum penalty for the offence of war crime – murder is life imprisonment if found guilty

It is the second time the Office of the Special Investigator and AFP has laid war crime murder charges against an ADF member in Australia.

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