Squiz Shortcuts: The arrest of Ben Roberts-Smith
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This episode of Squiz Today examines the arrest and war crimes charges against Ben Roberts-Smith, Australia's most decorated living soldier, following a five-year investigation by federal authorities and the Office of the Special Investigator (OSI). Once celebrated as a national hero for his military service in Afghanistan, including receiving the Victoria Cross, Roberts-Smith faced allegations in 2017 and 2018 from journalists Chris Masters and Nick McKenzie that he was involved in the killings of at least five unarmed Afghan civilians, including elderly men and a farmer, and orchestrated a culture of bullying and 'blooding' within his unit. Despite his legal battle through defamation proceedings—funded by billionaire Kerry Stokes and supported by figures like Elon Musk and Pauline Hanson—the High Court rejected his final appeal in September 2024, paving the way for criminal charges. The case, which relies heavily on witness testimony due to the lack of physical evidence from Afghanistan, marks only the second time an ADF soldier has been charged with war crime murder. The episode also explores the broader implications, including public debate over the value of military honors, the role of media in holding power to account, and the emotional toll on victims’ families. The Australian War Memorial has confirmed it will update its display to reflect the charges, and Roberts-Smith’s trial is expected to be lengthy, involving over 100 witnesses. The episode concludes with recommendations for further exploration, including Nick McKenzie’s investigative piece and The Guardian’s podcast series on the defamation case. It underscores the tension between national heroism and accountability, and raises urgent questions about justice, memory, and the legacy of war in modern Australia. The tone is balanced and investigative, leaning toward cautious optimism about the rule of law, though tempered by the gravity of the allegations and the long road ahead.
Ben Roberts-Smith was arrested and charged with five counts of war crime murder following a five-year investigation by the AFP and OSI.
The charges stem from allegations of killing unarmed Afghan civilians during deployments in 2009 and 2012, including a farmer kicked off a cliff and two elderly men in a tunnel.
Despite winning a defamation case in 2023, Roberts-Smith’s appeal was rejected by the High Court, clearing the way for criminal prosecution.
The case relies on witness testimony due to the lack of physical evidence from Afghanistan, making the legal standard of 'beyond reasonable doubt' particularly challenging.
High-profile supporters include Elon Musk, Pauline Hanson, Gina Rinehart, and Kerry Stokes, who funded the defamation case using the Victoria Cross as collateral.
…and 3 more takeaways available in PodZeus
Introduction and Sponsorship
The episode opens with sponsor messages from BHP and Revolut, setting the stage for the news story on Ben Roberts-Smith’s arrest.
The Rise of a National Hero
Alice Dempster and Andrew Williams outline Roberts-Smith’s military career, including his six deployments to Afghanistan, the Medal for Gallantry, and the Victoria Cross awarded in 2011 for risking his life to protect his patrol.
Allegations of War Crimes
“One claim was that at least one of those bloodings was carried out in 2009 when two unarmed Afghan men were found hiding in a tunnel... one was elderly and one was living with a disability and wore a prosthetic leg.”
Defamation Battle and Legal Fallout
“His final attempt to appeal the decision was rejected by the High Court in September.”
Arrest, Trial Prospects, and Broader Implications
“The case will rely heavily on the evidence of witnesses. But some legal experts say it could be tough for prosecutors to establish the higher legal standard of proof that's required in criminal cases.”
“I have been widowed, my children are now helpless.”
“One claim was that at least one of those bloodings was carried out in 2009 when two unarmed Afghan men were found hiding in a tunnel... one was elderly and one was living with a disability and wore a prosthetic leg.”
“The case will rely heavily on the evidence of witnesses. But some legal experts say it could be tough for prosecutors to establish the higher legal standard of proof that's required in criminal cases.”
Hosts
Ben Roberts-Smith
person
Office of the Special Investigator
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Australian Federal Police
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Sydney Morning Herald
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The Age
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Nick McKenzie
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Chris Masters
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Victoria Cross for Australia
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Kerry Stokes
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Australian War Memorial
organization
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