Details emerge about each of the five war crime charges facing fallen SAS hero Ben Roberts-Smith - as he prepares for his first night of freedom after his dramatic arrest

By STEPHEN GIBBS, SENIOR NEWS REPORTER, AUSTRALIA Published: 14:48, 17 April 2026 | Updated: 14:48, 17 April 2026 Details of the five murders allegedly committed by Victoria Cross recipient Ben Roberts-Smith have been revealed after a judge released a 24-page court document.  The 47-year-old father-of-two, who has always denied any wrongdoing, was granted bail on Friday after being arrested on April 7 and spending 10 days behind bars.  A statement of facts, tendered in Sydney's Downing Centre Local Court, details each incident that led to Roberts-Smith being charged with five war crime murders.  Judge Greg Grogin granted the media access to the statement after hearing Roberts-Smith's bail application, saying he was doing so in the interests of open justice.  The first charge relates to an action at a compound called Whiskey 108 in the Tarin Kowt District of Uruzgan Province in Afghanistan on April 12, 2009. Following an airstrike, the compound was cleared by Special Air Service Regiment soldiers and a tunnel was located within its walls.  A man named Mohammad Essa and his son Ahmadullah, who wore a prosthetic leg, were allegedly removed from the tunnel.  'Mohammad Essa and Ahmadullah were handcuffed and then taken away by Roberts-Smith to an adjoining area within the Whiskey 108 compound,' according to the statement of facts. 'Ahmadullah was carried by Roberts-Smith outside the walls of the compound, thrown to the ground, and shot multiple times by Roberts-Smith with a belt-fed machine gun. Details of the five murders allegedly committed by Victoria Cross recipient Ben Roberts-Smith have been revealed after a judge released a 24-page court document Roberts-Smith is escorted out by correctional officers at Silverwater Correctional Complex on Friday afternoon Roberts-Smith, who has always denied any wrongdoing, was granted bail on Friday after being arrested on April 7 and spending 10 days behind bars 'That action was witnessed by several ADF (Australian Defence Force) members, including those who were providing a protective cordon outside the compound.' An SAS soldier dubbed Person 4 was allegedly called by another SAS soldier, Person 5, to an adjoining area in the compound where Mohammad Essa was squatting against a wall.  Roberts-Smith allegedly directed another soldier to give his firearm suppressor to Person 4, who attached it to his M4 assault rifle. 'Roberts-Smith grabbed Mohammad Essa, placed him on his knees in front of Person 4, and said to Person 4, "Shoot that c***",' according to the statement of facts. 'Person 4, understanding this to be an order, shot Mohammad Essa in the head, killing him.'  The next murder - of a man named Ali Jan - was allegedly committed at Darwan, a village in Shahid-E-Hasas District of Uruzgan Province, on September 11, 2012. Roberts-Smith and fellow SAS troopers were on a mission to locate Afghan National Army sergeant Hekmatullah, who had killed three Australian soldiers. Early in the operation, Roberts-Smith swam across a river and lawfully killed a Taliban insurgent, before his patrol identified a number of Afghans who had been captured as 'persons under control' (PUCs). Each of the charges against Roberts-Smith (above) carries a maximum penalty of life in prison. He has always denied involvement in any unlawful killings Among Roberts-Smith's patrol was Person 11, and one of three PUCs located in a compound was Ali Jan.  'The PUCs were tactically questioned in the last of the compounds by Roberts-Smith,' according to the statement of facts.  'The tactical questioning involved Roberts-Smith punching and physically assaulting detainees whilst they were handcuffed.' 'Ali Jan was taken to the edge of a cliff by Person 11. Whilst he was still cuffed and physically restrained, Roberts-Smith kicked him, causing him to fall approximately 10m and causing injuries including the loss of teeth.' Roberts-Smith allegedly ordered Person 11 to drag Ali Jan across a dry creek bed to a large tree and the two SAS soldiers were seen in conversation by Person 4. 'Person 4 looked away for a short moment during which a number of shots rang out that sounded like they were fired from an M4 rifle,' according to the statement of facts. 'Person 4 turned back to the direction of the shots and saw Person 11 standing in position with their rifle on their shoulder.  'While both Roberts-Smith and Person 11 were carrying M4 rifles on the mission, the prosecution alleges that it was Person 11 who fired the shots that killed Ali Jan. Roberts-Smith was arrested after a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator. He is pictured with partner Sarah Matulin Roberts-Smith leaves jail on Friday evening after the posting of his bail of $250,000 The final two murder charges relate to events at Syahchow village in Deh Rawood District, Uruzgan Province, on October 20, 2012. Roberts-Smith was in command of a patrol which identified an insurgent armed with an AK-47 assault rifle who was engaged with small arms fire and was killed. Another insurgent armed with a pistol who could not be safely detained was also shot dead. A post-mission report stated two more insurgents were killed with small arms fire and a fragmentation grenade when they failed to stop but patrol member Person 66 has alleged that was false. Person 66, who was on his first operational mission, has said Roberts-Smith called him to accompany him and a handcuffed prisoner, PUC 1, to open space outside a compound. There they were allegedly joined by a second prisoner, PUC 2, who was under the control of Person 68, the SAS member who was second-in-charge of the patrol. 'At the end of the cornfield, PUC 1 and PUC 2 were lined up next to each other,' according to the statement of facts. 'PUC 1, in front of Person 66, was blindfolded and handcuffed. It is unclear if PUC 2, standing in front of Person 68, was blindfolded and handcuffed, but they were under control. Both PUC 1 and PUC 2 were unarmed. A statement of facts tendered in Sydney's Downing Centre Local Court contains a description of each of the incidents that led Roberts-Smith to be charged with five war crime murders 'Person 68 was standing to the left of Person 66. Roberts-Smith was behind and to the left of Person 66. Person 66 heard a shot and observed that PUC 2, in front of Person 68, had been shot.' Roberts-Smith allegedly cut the handcuffs from PUC 1, who was in front of Person 66, removed PUC 1's blindfold and pushed him to the ground. 'PUC 1 fell backwards and put his hands in front of his face with his palms facing outwards,' according to the statement of facts.  'Roberts-Smith said, "Shoot him." Person 66 believed this to be an order from Roberts-Smith. Person 66 was 2m away from PUC 1.  'Person 66 paused for a moment and then shot PUC 1 two to three times in the chest, killing him.' It is alleged Roberts-Smith threw a grenade towards the dead PUCs to support a later false claim they had been killed in a legitimate action within the rules of engagement. According to the statement of facts, these five 'common themes' are attached to each murder Roberts-Smith allegedly committed, directed or facilitated. Each victim was unarmed and present in a location where Roberts-Smith could reasonably have suspected insurgents to be located. Each offence was committed in a situation where there was no active engagement with enemy forces and ADF were in control of the environment. Evidence was planted or falsely associated with each deceased to enhance reporting that each of the killings were within the lawful rules of engagement. Each deceased was handcuffed, detained for a period, and questioned prior to their execution. None of the deceased was killed in a situation where the ADF did not have effective control of the battlespace. Roberts-Smith's case is next listed in July.  Sorry we are not currently accepting comments on this article.