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The arrest of a Victoria Cross recipient marks a significant development in a groundbreaking investigation led by the Australian Federal Police (AFP) and the Office of the Special Investigator (OSI). This investigation, which began in 2021, focuses on the conduct of the Australian Defence Force (ADF).
This arrest could potentially lead to the largest war crime prosecution in Australian history, underscoring the seriousness of the allegations. If convicted of war crimes, specifically murder, the individual could face a life sentence.
Here’s a look at the sequence of events leading up to this moment.
The individual, Roberts-Smith, served in Afghanistan with the Special Air Service Regiment (SASR). This deployment was one of several he undertook during his military service in the region.
In recognition of his actions in Afghanistan in 2006, Roberts-Smith was awarded the Medal for Gallantry, highlighting his notable service during that period.
Roberts-Smith was deployed to Afghanistan as part of the Special Air Service Regiment (SASR), the first of multiple military postings in the country.
He was later awarded the Medal for Gallantry for his actions in Afghanistan in 2006.
The decorated war veteran returned to Afghanistan four more times, in 2007, 2009, 2010 and 2012.
2009 – Afghan men killed in Kakarak
Roberts-Smith is deployed on an SAS mission in the Uruzgan province of Kakarak in April 2009.
While on this mission, the AFP will allege his actions resulted in two possible crimes:
- 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.
2010 – Heroic actions during battle of Tizak
Roberts-Smith was awarded the Victoria Cross for his “most conspicuous gallantry” and “valour” during his fifth tour of Afghanistan in the battle of Tizak on June 11.
2011 - Victoria Cross awarded
In 2011, he received the Victoria Cross for his heroism the year prior in Tizak.
This is the highest military honour that can be awarded in Australia.
2012 – Mission in Uruzgan, Afghanistan
His leadership and courage as a patrol commander on more than 50 high-risk operations is later recognised with a Commendation for Distinguished Service.
In 2012, Roberts-Smith conducted operations in Uruzgan, Afghanistan. While here, he is expected to be charged with three separate offences:
- The war crime of murder, in that he allegedly 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 allegedly 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 allegedly 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.
2013 – Roberts-Smith retires
Roberts-Smith retires as full-time soldier and forms his consultancy business, RS Group Australia, in 2013.
He was named the 2013 Australian Father of the Year.
2018 – Newspaper investigation into war crimes
Nine newspapers The Sydney Morning Herald, The Age and The Canberra Times publish allegations of war crimes against an anonymous SAS soldier known as “Leonidas” in June 2018.
In August, Roberts-Smith is named in reports after his lawyers unsuccessfully sought an injunction.
Roberts-Smith then sued the publishers of The Sydney Morning Herald, The Age and The Canberra Times for defamation in the Federal Court.
Nine is the publisher of this website.
2020 – Defamation trial delayed, Brereton reports finds ‘credible evidence’ of 23 incidents
The Brereton report found credible evidence of 23 incidents in which a total of 39 Afghan nationals were unlawfully killed by Australian special forces.
It identified 25 current or former ADF personnel accused of perpetrating war crimes, with 19 former soldiers to face a criminal investigation. In the public version of the report, the names of all soliders were redacted.
Meanwhile, the defamation trial was delayed due to the COVID-19 pandemic.
2021 – Defamation trial begins
The defamation trial between Roberts-Smith and media outlets The Age, The Sydney Morning Herald and the Canberra Times begins in the Federal Court, Sydney, in June 2021.
It takes 110 days in court over 14 months, with 41 witnesses called.
2022 – Trial concludes
The trial ended on July 27, 2022, with Justice Anthony Besanko reserving his decision as a written judgment to be handed down at a later date.
2023 - Roberts-Smith’s defamation claims thrown out
Justice Besanko dismissed Roberts-Smith’s case against Nine, finding that most of the war crimes and bullying allegations against him were substantially true, with a defence of contextual truth accepted in a domestic violence allegation involving an unnamed woman.
The judge found, to the lesser civil standard of defamation law, that Roberts-Smith had killed four unarmed Afghan men and had broken the rules of military engagement.
Roberts-Smith then filed an appeal.
2025 – Judge rejects appeal
The disgraced war hero’s final attempt to appeal his defamation loss was thrown out in September 2025.
The costs of the 110-day trial and the 10-day appeal were estimated to exceed $30 million.
2026 – Roberts-Smith is arrested at Sydney Airport
Roberts-Smith was arrested at Sydney Domestic Airport after he arrived on a flight from Brisbane.
He is expected to be charged with five counts of alleged war crime – murder.
The charges, if proved in a court of law, carry a maximum sentence of life in prison.
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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