Former SAS Corporal Allegedly Directed Executions of Unarmed Civilians, Court Documents Reveal
Australian soldiers have informed prosecutors that they executed unarmed civilians either under the orders of, or with the complicity of, Ben Roberts-Smith, according to a statement of facts submitted to the New South Wales local court.
Roberts-Smith, a Victoria Cross recipient and once regarded as one of Australia’s most celebrated soldiers, faces five charges of the war crime of murder. These alleged offences occurred during his service with the Australian SAS in Afghanistan.
He was arrested and remanded in custody last week and was granted bail under strict conditions on Friday, ahead of a trial expected to be lengthy and unlikely to commence before a jury for several years.
Roberts-Smith has not entered a plea to the charges but has consistently denied any misconduct during his military service.
Each charge of war crime murder carries a potential life imprisonment sentence.
Witness Accounts of Alleged Executions
Under the section titled “indemnified witnesses,” the statement of facts indicates that the Commonwealth Director of Public Prosecutions has provided undertakings to three soldier witnesses relevant to the prosecution of Roberts-Smith.
“Each of these witnesses has admitted their personal involvement in executing one or more detainees at the direction of, or with the complicity of, Ben Roberts-Smith. In each instance, Ben Roberts-Smith was their military superior.
These witnesses have provided written accounts of their actions. Each details other murders they witnessed.”
The statement further notes there are “common themes… attached to each murder Roberts-Smith committed, directed or facilitated.”
According to the statement of facts:
- Each victim was unarmed and located where Roberts-Smith could reasonably have suspected insurgents to be present;
- Each offence occurred when there was no active engagement with enemy forces and the Australian Defence Force controlled the environment;
- Evidence was planted or falsely linked to each deceased to support claims that the killings complied with lawful rules of engagement;
- Each deceased was handcuffed, detained for a period, and questioned before execution;
- None of the killings occurred in situations where the Australian Defence Force lacked effective control of the battlespace.
The allegations in the statement of facts have not been tested in court and form the basis of the prosecution’s case against Roberts-Smith.
Charges One and Two
The first two charges relate to alleged murders on 12 April 2009 at the village of Kakarak in southern Afghanistan.
Two men, Mohammad Essa and his son Ahmadullah, were found hiding in a tunnel within a compound designated ‘Whiskey 108’.
The statement of facts alleges the two unarmed men were handcuffed and taken by Roberts-Smith to another area inside the compound.
Ahmadullah, who wore a prosthetic leg, was allegedly carried outside the compound walls, thrown to the ground, and shot multiple times by Roberts-Smith with a belt-fed machine gun, an act witnessed by several Australian soldiers.
Roberts-Smith then returned to the area inside the compound where Mohammad Essa remained. Person 4 had been summoned by Person 5, the leader of their four-person SAS troop. The facts allege Roberts-Smith “grabbed” Person 4 and took him to another soldier, instructing that soldier to give their firearm suppressor to Person 4, who attached it to his M4 assault rifle at Roberts-Smith’s direction.
“Roberts-Smith grabbed Mohammad Essa, placed him on his knees in front of Person 4 and said to Person 4, ‘Shoot that cunt’,”
the facts allege.
Person 4, “understanding this to be an order,” shot Mohammad Essa in the head, killing him, before returning the suppressor. Person 4 has admitted his role in the incident and was the newest member of the troop, referred to as “the rookie.”
Prior to the incident, Person 5 allegedly expressed an intention to “blood the rookie.” At the mission’s conclusion, Roberts-Smith and Person 5 reportedly claimed they had “blooded the rookie.”
Charge Three
The third charge concerns an incident on 11 September 2012 during a search for a rogue Afghan National Army soldier, Hekmatullah, who had killed three and wounded two Australian soldiers.
The facts state Roberts-Smith commanded a patrol that raided the village of Darwan, detaining several men, including a farmer named Ali Jan.
The detainees were allegedly “tactically questioned” by Roberts-Smith, involving “punching and physically assaulting detainees whilst they were handcuffed.”
Roberts-Smith singled out Ali Jan, who was taken to the edge of a cliff by another soldier, Person 11.
“Whilst he was still cuffed and physically restrained, Roberts-Smith kicked him causing him to fall approximately 10 metres and causing injuries including the loss of teeth,”
the facts state.
Person 4, who allegedly witnessed the act, saw Roberts-Smith and Person 11 climb down the slope to where Ali Jan lay. He observed a brief conversation between the soldiers.
Person 4 looked away momentarily, during which several shots were fired, sounding like they came from an M4 rifle. Upon looking back, Person 4 saw Person 11 standing with their rifle on their shoulder.
The facts allege Person 11 fired the shots that killed Ali Jan, who was not a combatant at the time.
Charges Four and Five
The fourth and fifth charges allege Roberts-Smith was complicit in the murder of two prisoners during a mission in the village of Syahchow in October 2012.
The prisoners were marched to the edge of a cornfield under Australian soldiers’ control and were shot dead, either by Roberts-Smith or at his direction.
Following the shootings, the facts state:
“Ben Roberts-Smith threw a grenade towards the deceased persons-under control, and it detonated.”
This act was allegedly intended to support a subsequent false claim that the prisoners were killed during a legitimate action within the rules of engagement.
Bail Decision
Roberts-Smith was granted bail on Friday with strict conditions regarding his residence and travel. He surrendered his passport and must report to police three times weekly.
His father, former judge Len Roberts-Smith, offered to pay a $250,000 surety for his bail, which will be forfeited if Roberts-Smith breaches bail or fails to appear in court.
Prosecutors contended Roberts-Smith posed a flight risk and might attempt to leave Australia to avoid prosecution.
However, Judge Greg Grogin described the case as an “exceptional circumstance,” noting the trial would not begin for several years and that incarcerating Roberts-Smith would unreasonably hinder his ability to prepare a defence.
If the case proceeds to trial, Roberts-Smith will face a jury trial requiring a unanimous verdict, as Commonwealth cases do not permit majority verdicts.
