Ben Roberts-Smith entitled to presumption of innocence but ‘none of us are above the law’, Andrew Hastie says

13 articles
6 sources
0% diversity
Updated 9.4.2026
Key Topics & People
Ben Roberts-Smith *Afghanistan Australia Australian Federal Police Krissy Barrett

Coverage Framing

13
Legal & Judicial(13)
Avg Factuality:82%
Avg Sensationalism:Low

Story Timeline

Apr 9 Morning

1 articles|1 sources
ben roberts-smithwar crimesandrew hastiepresumption of innocencespecial air service (sas)
Legal & Judicial(1)
The Guardian - World NewsApr 9

Ben Roberts-Smith entitled to presumption of innocence but ‘none of us are above the law’, Andrew Hastie says

Liberal MP Andrew Hastie has publicly commented on war crime charges against Ben Roberts-Smith, Australia's most decorated living soldier. Hastie, who served with Roberts-Smith in Afghanistan, stated that Roberts-Smith is entitled to the presumption of innocence. However, Hastie also emphasized that "none of us are above the law." Hastie's statement is his first public comment since Roberts-Smith was charged with war crimes. Hastie was among the 21 Special Air Service (SAS) members who testified in the defamation case Roberts-Smith brought against Nine newspapers.

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Key Claims

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Ben Roberts-Smith has been charged with war crimes.

— Article

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Andrew Hastie says Ben Roberts-Smith is entitled to the presumption of innocence.

— Andrew Hastie

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Andrew Hastie says 'none of us are above the law'.

— Andrew Hastie

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Hastie served alongside Roberts-Smith in Afghanistan.

— Article

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Hastie was among the 21 SAS who gave evidence in the defamation case.

— Article

Apr 8 Evening

1 articles|1 sources
war crimesben roberts-smithaustraliamilitary historyspecial air service (sas)
Legal & Judicial(1)
BBC News - WorldApr 8

He's Australia's most decorated soldier. Now he's at the centre of a historic war crimes case

Ben Roberts-Smith, Australia's most decorated living soldier, was arrested and charged with five counts of murder related to alleged war crimes in Afghanistan. The arrest follows a civil defamation case that found Roberts-Smith unlawfully killed unarmed Afghan detainees. Roberts-Smith denies all wrongdoing, claiming the allegations are driven by spite. The case is considered a significant moment for Australia, prompting a reckoning over the country's military conduct in Afghanistan and casting a shadow over its military legacy. Experts note that the prosecution of such a highly-decorated veteran on war crime charges is unprecedented globally.

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Key Claims

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Ben Roberts-Smith was charged with five counts of the war crime of murder.

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A civil defamation case found Roberts-Smith unlawfully killed several unarmed Afghan detainees.

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Roberts-Smith denies all wrongdoing and says the allegations are 'egregious'.

— Roberts-Smith

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Roberts-Smith left the Australian Defence Force (ADF) in 2013.

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For Roberts-Smith to now be charged with war crimes is a very significant cultural and social moment.

— Professor Donald Rothwell

Apr 8 Morning

3 articles|3 sources
ben roberts-smithwar crimesafghanistanmurderspecial air service
Legal & Judicial(3)
Associated Press (AP)Apr 8

Decorated Australian veteran remains behind bars on Afghan war crime charges

Ben Roberts-Smith, Australia's most decorated living veteran, remains in custody after appearing in a Sydney court on war crime charges. He is the second Australian veteran of the Afghanistan campaign to be charged with such crimes, which stem from a 2020 report alleging unlawful killings by Australian special forces. Roberts-Smith is accused of involvement in the deaths of five Afghan individuals in Oruzgan province during his service as an SAS corporal in 2009 and 2012. He faces two counts of war crime murder and three counts of aiding or abetting a war crime murder, all carrying a potential life sentence. The charges allege he killed or directed a subordinate to kill at Kakarak village.

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BBC News - WorldApr 8

Top Australian soldier charged with war crimes to remain in jail on remand

Ben Roberts-Smith, Australia's most decorated living soldier, will remain in jail after his lawyers did not seek bail following his arrest at Sydney Airport on Tuesday. He has been charged with five counts of the war crime of murder allegedly committed in Afghanistan. Roberts-Smith, a former corporal in the Special Air Service Regiment (SAS), denies all wrongdoing. The charges follow a 2023 defamation case where a judge found it was likely he killed unarmed Afghans between 2009 and 2012. The defamation case, initiated by Roberts-Smith, marked the first time an Australian court examined war crime allegations against Australian forces. Roberts-Smith received Australia's highest military honor for bravery in 2011.

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The Guardian - World NewsApr 8

Ben Roberts-Smith to remain in jail after bail hearing over war crimes charges

Ben Roberts-Smith, a former SAS soldier and Victoria Cross recipient, will remain in jail after his legal team declined to apply for bail on Wednesday. He was arrested at Sydney airport on Tuesday and charged with five counts of war crimes, specifically murder, related to alleged offenses in Afghanistan between 2009 and 2012. Roberts-Smith did not appear at the virtual bail hearing in New South Wales local court. A bail review hearing is scheduled for April 17th at Downing Centre local court in Sydney, where he will appear via video link. His case will also have a brief status mention at Downing Centre on June 4th.

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Key Claims

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Ben Roberts-Smith did not apply for bail when the war crime murder charges against him were listed in a Sydney court Wednesday.

— AP

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Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan.

— AP

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The charges follow a military report released in 2020 that found evidence elite Australian Special Air Service and commando regiment troops unlawfully killed 39 Afghan prisoners.

— AP

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Police allege he either shot his victims or ordered a subordinate to shoot them in Oruzgan province where Australia’s forces were based.

— Police

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He had been charged Tuesday with five counts of war crime murder, but the charges laid in court Wednesday were two counts of war crime murder and three counts of aiding or abetting.

— AP

Apr 7 Evening

2 articles|2 sources
ben roberts-smithafghanistanwar crimeswar crimemurder charges
Legal & Judicial(2)
Fox News - WorldApr 7

Australia’s most decorated living soldier charged amid fierce debate over war crimes allegations

Australia's most decorated living soldier, Ben Roberts-Smith, was arrested at Sydney Airport and charged with five war crime murders allegedly committed in Afghanistan between 2009 and 2012. The charges, brought by the Australian Federal Police and the Office of the Special Investigator, relate to the killings of five unarmed Afghans in three separate incidents. Roberts-Smith is accused of either killing the victims himself or instructing a subordinate to do so, with authorities alleging the victims were detained, unarmed, and under the control of Australian Defence Force members at the time of their deaths. The investigation began in 2021, facing challenges due to the age of the alleged crimes and the inability to access crime scenes in Afghanistan. If convicted, Roberts-Smith faces life imprisonment on each charge, sparking debate, with some arguing against judging wartime actions by civilian standards.

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The Guardian - World NewsApr 7

Ben Roberts-Smith is back in court, now as a defendant. His case reminds us that there are laws even amid war

Ben Roberts-Smith, a former Australian soldier and Victoria Cross recipient, is now facing criminal charges of war crimes, specifically five counts of murder, in an Australian court. This follows his unsuccessful defamation case where he sued over allegations of being a war criminal. Roberts-Smith is accused of murdering unarmed civilians in Afghanistan, and each charge carries a potential life sentence. He was arrested at Sydney airport and has consistently denied all allegations. While the previous defamation trial brought forth extensive evidence and witness testimonies, it is legally separate from the current criminal proceedings. The case highlights the application of laws even during wartime.

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Key Claims

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Ben Roberts-Smith was arrested and charged with five war crime murders allegedly committed during the war in Afghanistan.

— Article

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Roberts-Smith is being charged in connection with the killings of five unarmed Afghans in three separate incidents between 2009 and 2012.

— Australian Federal Police and the Office of the Special Investigator

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It will be alleged the victims were not taking part in hostilities at the time of their alleged murder in Afghanistan.

— AFP Commissioner Krissy Barrett

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The investigation into Roberts-Smith began in 2021.

— Ross Barnett, director of investigations at the Office of the Special Investigator

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Roberts-Smith received the Victoria Cross after storming two enemy machine guns during his fifth tour in Afghanistan.

— Article

Apr 7 Morning

6 articles|5 sources
war crimesben roberts-smithafghanistanaustralian soldierarrest
Legal & Judicial(6)
South China Morning PostApr 7

Decorated Australian soldier faces 5 murder charges in Afghan war crime probe

Ben Roberts-Smith, a highly decorated former Australian soldier, was arrested by Australian Federal Police on Tuesday. He faces five murder charges related to alleged incidents in Afghanistan between 2009 and 2012. The charges stem from a war crimes investigation. Police allege that Roberts-Smith either directly shot unarmed prisoners or ordered subordinates to do so. Commissioner Krissy Barrett stated that the victims were not participating in hostilities at the time of their deaths. Roberts-Smith is 47 years old.

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The Guardian - World NewsApr 7

Pauline Hanson says she won’t ‘abandon’ Ben Roberts-Smith as Greens argue ‘no one should be above the law’

Following Ben Roberts-Smith's arrest at Sydney airport and subsequent charging with five counts of war crimes, including murder, Pauline Hanson has publicly stated she will continue to support him. The One Nation leader reaffirmed her stance despite the charges against the former Australian soldier. Meanwhile, the Greens party has asserted that no individual should be exempt from the law. Prime Minister Anthony Albanese has declined to comment on the arrest. The situation highlights a division in public and political opinion regarding Roberts-Smith's case.

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Al JazeeraApr 7

Australia arrests ex-soldier Roberts-Smith over alleged Afghan war crimes

Former Australian special forces soldier Ben Roberts-Smith was arrested at Sydney airport and is expected to face charges for alleged war crimes committed in Afghanistan. The arrest, announced by the Australian Federal Police, involves five counts of murder related to unarmed Afghan nationals. The charges follow a complex investigation dating back to 2021 by the Australian Federal Police and the Office of the Special Investigator. This development comes after Roberts-Smith lost a defamation case against journalists who reported his involvement in the murders of Afghan men. The case has been described as a significant step towards justice for victims and affected communities in Afghanistan.

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Key Claims

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Pauline Hanson says she will not “abandon” Ben Roberts-Smith despite his arrest over war crimes.

— Pauline Hanson

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Ben Roberts-Smith has been charged with five counts of war crime – murder.

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The Greens declare “no one should be above the law”.

— The Greens

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Anthony Albanese refused to weigh into Roberts-Smith’s arrest.

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Australia's most-decorated living soldier has been charged over allegations he committed war crimes in Afghanistan.