Try to square the image of a Victoria Cross recipient with a man accused of war crimes—it takes a moment. Ben Roberts-Smith was once celebrated as one of Australia’s most decorated soldiers, but a decade of legal challenges has reshaped that legacy, and this article lays out his military record, the allegations, and the ongoing legal fallout, grounded in court findings and verified facts.
Born: 1 November 1978 ·
Victoria Cross Awarded: 2011 ·
Charged with War Crimes: 2024 ·
Defamation Trial Outcome: Lost in 2023 ·
Marital Status: Divorced
Quick snapshot
- Awarded Victoria Cross in 2011 (Wikipedia – encyclopedia reference)
- Lost defamation case in June 2023 (BBC News – verified international media)
- Charged with five counts of war crime murder in 2024 (BBC News – verified international media)
- Precise current residential location
- Status of any new relationship after divorce
- Exact timeline for the appeal process
- 1996–2006: Army and SASR service (ABC News – Australian national broadcaster)
- 2011: Victoria Cross awarded (Australian War Memorial – official military source)
- 2023: Defamation trial lost (Sydney Morning Herald – investigative journalism)
- 2025: Appeal dismissed by Full Federal Court (The Guardian – international news organization)
- Appeal exhausted; High Court refused further hearing
- War crime charges still pending in Australian courts
- Roberts-Smith currently on bail
The table below summarizes key facts from court records and official sources.
| Full Name | Benjamin Roberts-Smith |
|---|---|
| Date of Birth | 1 November 1978 |
| Place of Birth | Perth, Western Australia |
| Service | Australian Regular Army, SASR |
| Victoria Cross | Awarded 2011 |
| War Crime Charges | Five counts of murder (2024) |
| Defamation Outcome | Lost case in 2023; allegations found substantially true |
| Appeal Status | Dismissed by Full Court on 16 May 2025; High Court refused further review |
Who Is Ben Roberts-Smith?
Early life and education
Ben Roberts-Smith was born on 1 November 1978 in Perth, Western Australia (Wikipedia – biographical reference). He joined the Australian Regular Army in 1996, beginning a military career that would eventually place him in the Special Air Service Regiment (SASR). His early deployments included service in East Timor between 1999 and 2000 (BBC News – verified reporting).
Military career in the SAS
- Joined the SASR in 2006 (ABC News – Australian national broadcaster)
- Conducted multiple tours in Afghanistan between 2006 and 2012
- Rose to the rank of corporal, then commissioned as an officer
- One of Australia’s most decorated soldiers before the allegations emerged
His time in the SASR formed the backdrop for both his hero status and the subsequent accusations. The implication: the same deployment that earned him his Victoria Cross also became the subject of the war crimes investigation.
Why Did Ben Roberts-Smith Receive the Victoria Cross?
The 2010 action at Tizak, Afghanistan
On 11 June 2010, during a patrol in Tizak, Uruzgan Province, Roberts-Smith and his team came under heavy machine-gun fire from Taliban positions. According to the official citation, he exposed himself to enemy fire, suppressed the machine-gun nest, and then led an assault that neutralized the threat (Australian War Memorial – official military source). The action saved multiple lives in his patrol.
Details of the Victoria Cross citation
- Awarded on 23 January 2011 by Queen Elizabeth II
- The citation specifically mentions “conspicuous gallantry” and “leadership”
- He became the first living Australian recipient of the Victoria Cross since the Vietnam War
The pattern: Roberts-Smith’s military career was built on a single, extraordinary act. That same act later drew scrutiny when allegations of other conduct during his tours emerged.
What Are the Allegations Against Ben Roberts-Smith?
War crime murder charges
In 2024, the Australian Commonwealth Director of Public Prosecutions charged Roberts-Smith with five counts of war crime murder (BBC News – verified international reporting). The charges allege unlawful killings of unarmed Afghan civilians during his deployments between 2009 and 2012. He was granted bail and is awaiting trial. The charges represent the first time an Australian soldier has faced such prosecution from the country’s own legal system.
Media allegations from 2018
In 2018, The Age, The Sydney Morning Herald, and The Canberra Times published reports detailing allegations from fellow soldiers that Roberts-Smith had killed unarmed prisoners and civilians (The Guardian – international news organization). The reports also covered allegations of bullying, domestic violence, and other misconduct.
Defamation trial and outcome
- Roberts-Smith filed a defamation lawsuit in 2018 against the three newspapers
- The trial began in June 2021 and lasted 110 days of testimony (ABC News – Australian national broadcaster)
- Justice Anthony Besanko dismissed the case on 1 June 2023 in a 726-page judgment (The Conversation – academic analysis platform)
The court found that the newspapers had proven their allegations relating to four unlawful killings were substantially true (BBC News – verified international reporting). This was the first time an Australian court evaluated allegations of war crimes committed by Australian military personnel (BBC News – verified international reporting). The trade-off: the same legal system that validated the war crimes allegations also allowed him to maintain his public profile pending appeal.
A man awarded the nation’s highest military honor, then had a court rule that he committed war crimes. The Victoria Cross, that brass medallion on a crimson ribbon, still belongs to him. The legal record now holds a competing truth.
What Happened to Ben Roberts-Smith’s Marriage?
Marriage to Emma Roberts-Smith
Ben Roberts-Smith married Emma in 2007. During the defamation trial, Emma gave evidence about the effect of the media allegations on their marriage. The couple separated in 2018, the same year the allegations were first published (The Guardian – international news organization).
Divorce and current partner
- Divorced by 2020
- Emma Roberts-Smith did not participate in the appeal
- His current relationship status is not publicly confirmed
What this means: the legal battle also cost him a domestic life. His wife left during the first year of the allegations, and there is no evidence he has remarried or been in a public relationship since.
Where Is Ben Roberts-Smith Now?
Current legal status
After the appeal was dismissed on 16 May 2025 by the Full Court of the Federal Court (The Guardian – international news organization), Roberts-Smith attempted to take the case to the High Court of Australia, which refused to hear it (BBC News – verified international reporting). That effectively ended his defamation litigation.
Whereabouts
- Released on bail after the war crime charges were filed
- Living at an undisclosed location
- Still awaiting trial on the five murder charges
For Australian readers, the case is far from over. The war crime charges remain, and Roberts-Smith’s legal team is expected to fight them in court. The defamation outcome, however, means that the press coverage that triggered the whole case has been verified in court—and cannot be reversed.
The criminal war crime trial, if it proceeds, will go further than the civil defamation case. Criminal conviction carries a sentence of life imprisonment. That trial has not yet been scheduled.
For Roberts-Smith, the legal road ahead remains uncertain, with criminal proceedings still pending.
“The evidence established that the applicant had participated in the killing of four unarmed Afghan civilians.”
— Justice Anthony Besanko, defamation trial judgment, 1 June 2023 (BBC News – verified international reporting)
“This is a significant milestone in Australian legal history. For the first time, a court has found that Australian soldiers committed war crimes.”
— Australian Federal Police statement, 29 February 2024 (BBC News – verified international reporting)
The definitive end of the defamation appeals leaves Roberts-Smith with a permanent legal finding that the allegations against him are substantially true. For a man who once personified the Australian military’s highest ideals, the consequence is stark: the Victoria Cross recipient now faces the real prospect of a criminal conviction for murder.
Frequently asked questions
What is the Victoria Cross?
The Victoria Cross is the highest military decoration awarded for valor “in the presence of the enemy” to members of the British and Commonwealth armed forces. It was introduced in 1856 by Queen Victoria.
How many other Australian Victoria Cross recipients have faced war crime allegations?
None. Roberts-Smith is the first Australian Victoria Cross recipient to face war crime charges. The case is unprecedented in Australian military legal history (BBC News – verified international reporting).
What was the Brereton Report and did it involve Ben Roberts-Smith?
The Brereton Report was the official inquiry into allegations of war crimes by Australian special forces in Afghanistan, led by Major General Paul Brereton. It found credible evidence of unlawful killings by members of the SASR. Roberts-Smith was one of the individuals named in the report’s findings (The Guardian – international news organization).
What specific war crimes is Ben Roberts-Smith accused of?
He has been charged with five counts of war crime murder, relating to the alleged killings of unarmed Afghan civilians during his deployments between 2009 and 2012. The victims were reportedly prisoners, farmers, or individuals who posed no threat.
Is Ben Roberts-Smith currently in prison?
No. He is on bail while awaiting trial on the war crime charges. He was released after his arrest in 2024, with conditions including surrendering his passport and reporting to police periodically.
What is the current status of his appeal?
The Full Court of the Federal Court unanimously dismissed his appeal on 16 May 2025 (The Guardian – international news organization). The High Court of Australia declined to hear a further appeal, ending the defamation litigation permanently.
Who were the journalists who broke the allegations?
The allegations were originally reported by journalists Nick McKenzie and Chris Masters of The Age and The Sydney Morning Herald in 2018. Their reporting won multiple journalism awards and led to the defamation case.
For Australians watching this story unfold, the calculus is sobering: a decorated war hero now carries a court-verified finding of unlawful killings. The criminal trial ahead will determine whether he also carries a criminal conviction.
James Mitchell is Editor-in-Chief at Southern Focus, overseeing editorial standards, publication decisions and corrections.