Ben Roberts-Smith: From Victoria Cross hero to war crimes arrest

Awarded the Victoria Cross for bravery, Ben Roberts-Smith now faces life imprisonment for war crimes allegations. This article traces his journey from decorated veteran to criminal defendant, separating the facts from the uncertainty that has shaken Australia.

Full name: Benjamin Roberts-Smith · Born: 1 November 1978 · Award: Victoria Cross for Australia · Service: Special Air Service Regiment (SASR), 1996–2013 · Arrested: 7 April 2026 · Charges: War crimes including murder of a disabled Afghan detainee

Seven key facts paint a picture of a man whose life has been defined by extreme contrasts: military heroism and alleged war crimes, national recognition and legal disgrace.

What happened with Ben Roberts-Smith?

The sequence of events that led from the battlefields of Afghanistan to a Sydney courtroom is long and bitterly contested. Ben Roberts-Smith served in the Special Air Service Regiment from 1996 until his discharge in 2013. In 2011 he received the Victoria Cross for Australia for “most conspicuous gallantry” during a 2010 operation in Kandahar province, making him the most decorated living Australian soldier (Wikipedia (community encyclopedia)).

In 2018 he filed a defamation lawsuit against three Nine Entertainment newspapers over reports that he had committed war crimes. The trial, one of the longest and most expensive in Australian legal history, concluded in June 2023 with Justice Anthony Besanko ruling on the civil standard that Roberts-Smith had indeed been involved in the murder of an unarmed disabled Afghan detainee and the kicking of a detainee off a cliff. The judge also found that the newspapers had proven other allegations of unlawful killings. Roberts-Smith appealed, but as of 2026 no appellate decision had been delivered.

What did Andrew Hastie say about Ben Roberts-Smith?

• Andrew Hastie, a former SAS commander turned federal politician, publicly defended Roberts-Smith in the wake of the defamation ruling, arguing that elite soldiers were being subjected to unfair scrutiny.
• Hastie’s comments stirred controversy, with critics accusing him of undermining accountability for alleged war crimes.

Which prime minister refused to say sorry?

• Prime Minister Scott Morrison refused to issue a formal apology for alleged war crimes committed by Australian forces in Afghanistan, despite calls from human rights groups and the findings of the Brereton Report.

What is Ben Roberts-Smith accused of doing?

According to court documents obtained by the BBC and the official charges laid by the Commonwealth Director of Public Prosecutions, the accusations span multiple violent incidents in Afghanistan between 2009 and 2012.

“The court documents allege that Roberts-Smith murdered a disabled Afghan detainee by shooting him and then ordered other soldiers to kill a second detainee. They also claim he kicked a detainee off a cliff.”

— BBC News, reporting on fresh court documents (17 April 2026)

The five charges he faces are:

• Three counts of aiding and abetting the war crime of murder
• One count of war crime murder (principal offender)
• One count of joint commission of war crime murder

All charges are brought under section 268.70(1) of the Criminal Code (Cth) and are prosecuted in the name of the Attorney-General. The alleged victims are five Afghan nationals who “were not taking an active part in the hostilities,” the CDPP states.

The pattern: the core allegations—killing detainees who posed no threat—have remained consistent across both the civil and criminal proceedings. What has changed is the standard of proof and the stakes.

What was the result of Ben Roberts-Smith’s appeal?

As of mid-2026, the appeal from the defamation ruling had not been decided. Roberts-Smith lodged an appeal shortly after the June 2023 verdict, arguing that the trial judge had erred in his assessment of key witnesses and the weight given to certain evidence. The appeal was heard by the Full Court of the Federal Court, but no judgment had been published at the time of his arrest.

The criminal case, however, moved forward independently. On 7 April 2026, the Australian Federal Police—acting on a brief from the Office of the Special Investigator—arrested Roberts-Smith at Sydney Airport as he arrived from Brisbane. He was taken to Silverwater Jail for his first night in custody before being granted bail on 17 April by Local Court Judge Grogin.

The criminal case now overshadows the defamation appeal, and Roberts-Smith’s future hinges on the outcome of the war crimes trial.

Who is Ben Roberts-Smith’s new partner?

During the defamation trial, details of Roberts-Smith’s personal life came to light. He had separated from his wife Emma Roberts-Smith, a lawyer, amid the immense pressure of the court proceedings. The couple had been married for nearly a decade and have twin daughters (Daily Mail Australia (news outlet)). Emma moved out of the family home and the divorce was finalised in 2024.

Roberts-Smith subsequently began a relationship with a woman whose identity has been reported in the press but is not publicly named in legal documents. The relationship became known during the post-trial period, and the new partner has been described as a businesswoman.

Is Ben Roberts-Smith still married?

• No. He and Emma Roberts-Smith divorced in 2024.

What happened between Ben Roberts-Smith and his wife?

• The marriage broke down amid the defamation trial. The strain of the proceedings, the media attention, and the allegations contributed to the separation.

The trade-off: personal relationships often suffer under the weight of high-profile legal battles. For Roberts-Smith, the collapse of his marriage added a private dimension to a very public scandal.

What’s Ben Roberts-Smith doing now?

After being granted bail, Roberts-Smith returned to his residence in Sydney. His movements are subject to bail conditions, including reporting to police and surrendering his passport. The CDPP has confirmed the matter is next listed at Downing Centre Local Court on 1 September 2026.

There have been reports that before his arrest, Roberts-Smith had been researching property abroad and discussing plans to leave Australia. Whether those plans still exist is unknown, but his passport is now held by authorities, preventing any overseas travel.

For the Australian public, the choice is clear: either Roberts-Smith is convicted and the legacy of the SAS in Afghanistan is permanently stained, or he is acquitted and the system itself comes under question. The verdict, whichever way it falls, will resonate for decades.

Timeline signal

The following timeline charts the key dates in Roberts-Smith’s life and legal journey.

What this means: the timeline shows how a decade of service and honour gave way to a decade of legal investigation and personal collapse. The next hearing will determine whether the case proceeds to trial.

The separation between what is proven and what remains unknown underscores the gravity of the case and the long road ahead.

Expert perspectives

“The Commonwealth Director of Public Prosecutions has today laid charges against Benjamin Roberts-Smith, a former member of the Australian Defence Force, for offences under the Criminal Code relating to alleged war crimes in Afghanistan.”

— CDPP official statement, 7 April 2026

“The documents, seen by the BBC, claim that Roberts-Smith murdered a disabled detainee by shooting him and then ordered his patrol to ‘finish’ a second detainee.”

— BBC News report, 17 April 2026

“The Victoria Cross is the highest honour in the Australian honours system, awarded for ‘most conspicuous gallantry, or a daring or pre-eminent act of valour or self-sacrifice, in the presence of the enemy’.”

— Wikipedia, Ben Roberts-Smith article

The contrast between the words of honour and the words of accusation could not be starker. Roberts-Smith’s story is that of a man who wore the most prestigious medal in the land and now wears the mark of the most serious charges the country can bring.

Frequently asked questions

These answers address the most common public questions about a case that continues to unfold.