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TRANSCRIPT:
Ben Roberts-Smith is one of Australia's most decorated former soldiers.
The 47-year-old Victoria Cross recipient faces war crimes charges after a joint investigation by the Australian Federal Police and the Office of the Special Prosecutor.
The OSI is an Australian Commonwealth executive agency established in 2021 to investigate alleged war crimes committed by ADF personnel in Afghanistan between 2005 and 2016.
AFP Commissioner Krissy Barrett.
"It will be alleged the man was a member of the ADF when he was involved in the death of Afghan nationals between 2009 and 2012 in circumstances that constitute war crimes under the Commonwealth Criminal Code. The offence of war crime murder carries a maximum penalty of life imprisonment."
She says the charges relate to multiple alleged offences.
"It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan. It will be alleged the victims were detained, unarmed and were under the control of ADF members when they were killed. It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused."
Director of Investigations at the Office of the Special Investigator Ross Barnett says its work investigating allegations of alleged war crimes committed by ADF personnel in Afghanistan is complex and protracted.
"Unlike a conventional investigation that's conducted in Australia, the OSI has been tasked with investigating literally dozens of murders, alleged to have been committed in the middle of a war zone in a country 9,000 kilometres from Australia that we can no longer access."
He says his office has conducted a total of 53 investigations since 2021 and 39 of those have been finalised with no charges, while ten are ongoing.
Roberts-Smith previously brought defamation proceedings against three newspapers, denying allegations that he committed war crimes, murdered unarmed civilians and engaged in bullying conduct towards fellow soldiers.
In a lengthy civil trial, the Federal Court found against him, with a judge determining — to the civil standard of the balance of probabilities — that he was responsible for four unlawful killings while serving in Afghanistan.
He appealed that decision to the full bench of the Federal Court but was unsuccessful, and a subsequent application for special leave to appeal to the High Court was refused.
Ben Roberts-Smith has always maintained his innocence and after that High Court refusal to hear his case, he described the allegations against him in the defamation proceedings as "egregious" and "spiteful".
AFP Commissioner Krissy Barrett says the alleged conduct concerns a very small section of the ADF, emphasising the majority of personnel serve with distinction.
"The alleged conduct related to these charges is confined to a very small section of our trusted and respected ADF which helps keep this country safe. The overwhelming majority of our ADF do our country proud. Today's charges are not reflective of the majority members who serve under the Australian flag with honour, with distinction and with the values of a democratic nation."
