A court in Sydney is set to review a non-publication order in the case of former Australian SAS soldier Ben Roberts-Smith, who is accused of war crime murder in Afghanistan.
The Commonwealth Director of Public Prosecutions’ case page states the matter is listed today at the Downing Centre Local Court for the final hearing of an interim non-publication order application.
The order relates to how much information can be made public in the case, including details linked to witnesses and court material.
The same page states Roberts-Smith was arrested on 7 April by the Australian Federal Police and the Office of the Special Investigator. It adds he has been charged with five offences of “war crime murder.”
Reuters reported that Australian police allege the victims were “unarmed, detained and under the control of Australian Defence Force members” when they were killed between 2009 and 2012.
Roberts-Smith has denied wrongdoing, and the charges have not been proven in court.
The case has drawn attention because Roberts-Smith is one of Australia’s most decorated former soldiers and a recipient of the Victoria Cross. He was previously widely presented as a military hero, making the allegations against him highly sensitive in Australia.
The case also follows years of scrutiny of Australian special forces’ conduct in Afghanistan. The Brereton inquiry, released in 2020, found credible information of alleged unlawful killings by Australian troops in Afghanistan.
Afghan authorities have not publicly commented on Monday’s non-publication hearing. However, in 2023, Taliban spokesperson Zabihullah Mujahid told SBS News the group had “observed the case” but considered the Roberts-Smith judgment “symbolic”, saying the issue was bigger than “only one soldier”.
He said the Taliban could consider assisting investigators, adding, “If the Islamic Emirate believe that the investigating body is investigating the crimes with honesty, then they would consider assisting the investigation. But we don’t have the trust yet.”
In Kabul, resident Sadiqullah Rohani told AnewZ the case should focus on Afghan victims and their families.
“This case should not only be about Australian soldiers, medals or reputation,” Rohani said. “It should be about Afghan civilians and the families of those who were allegedly killed or harmed. They have waited a long time for justice, and their suffering should not be forgotten.”
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