Roberts-Smith denies war crimes, launches clothing label in media blitz

Former SAS soldier insists he has no regrets and criticises retrospective law change

By LineZotpaper
Published
Updated
Read Time3 min
Sources7 outlets
Ben Roberts-Smith has launched a coordinated media offensive to deny five charges of murder ahead of his criminal trial, insisting his military actions were legitimate and unveiling a new clothing brand to fund his legal battles. The former soldier gave a 2½-hour radio interview and a lengthy exclusive online story, asserting his innocence and criticising changes to Australia's war crimes legislation.

Ben Roberts-Smith, the former SAS soldier facing five charges of war crime murder, has mounted a public relations campaign alongside the launch of a new clothing label, Epic 1 Two, named after one of his military call-signs. In a 2½-hour interview with Sydney radio host Ben Fordham and a simultaneous 6000-word story on news.com.au, Roberts-Smith denied the allegations.

Roberts-Smith revealed that media mogul Kerry Stokes had spent "upwards of $30 million" on the defamation case, which Roberts-Smith brought against The Age, The Sydney Morning Herald and The Canberra Times. He said Stokes funded him because "he believed in me" and "he's never taken a position about, you know, innocence or guilt. It's just, you deserve to go through the process fairly."

The former soldier also criticised the 2024 change to Australia's war crimes legislation, which made it easier to establish that a person was hors de combat (out of action). Under the previous law, three conditions had to be met; the change meant only one condition needed to be satisfied. The change was made retrospective. Roberts-Smith argued that this was akin to changing the speed limit on a freeway after someone had driven it, and said it did not pass the pub test.

Roberts-Smith complained about his arrest at Sydney Airport on April 7, describing it as a farcical attempt to sensationalise his arrest in front of his partner and children.

Roberts-Smith raised the notion of a "fair go" regularly in the interviews, asking if listeners would want a fair go for their son, husband or brother in his position.

His new clothing brand, Epic 1 Two, carries the tagline "Stay comfortable in the chaos" and is intended to support his family during his legal battles.

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Analysis

Why This Matters

  • The criminal trial will test whether the civil findings of murder translate to criminal convictions, with major implications for accountability in Australian military operations.
  • The retrospective war crimes law change is being challenged by Roberts-Smith, potentially affecting how post-2002 operations are prosecuted.
  • Roberts-Smith's media strategy aims to shape public opinion before trial, leveraging political support from conservative figures.

Background

Ben Roberts-Smith was a highly decorated SAS soldier, awarded the Victoria Cross for actions in Afghanistan. In 2018, newspapers published allegations of war crimes, leading to a defamation case he brought against three Fairfax Media outlets. In 2023, Justice Anthony Besanko found that Roberts-Smith had committed four murders, though the civil standard of proof is lower than criminal. In April 2026, he was arrested and charged with five counts of war crime murder. His criminal trial is pending.

Key Perspectives

Ben Roberts-Smith: Maintains his innocence, asserting all killings were legitimate combat actions in the fog of war. He criticises the retrospective law change and claims unfair treatment in legal funding. The courts and prosecutors: The prosecution will present evidence that detainees were under control and posing no threat. The judge in the civil case found these facts proved to the civil standard. Political supporters (Pauline Hanson, Gina Rinehart): Argue Roberts-Smith has been falsely accused and call detractors "traitors". They view the case as politically motivated.

What to Watch

  • The trial date and whether Roberts-Smith's media campaign influences potential jurors.
  • Any further legal challenges to the retrospective war crimes law.
  • The outcome of the criminal trial and its impact on Australia's international reputation regarding war crimes accountability.

Sources

Checked

12 claims in this story checked against 1 source: 11 supported.

Show each claim
  1. SupportedRoberts-Smith denied the war-crime allegations.Brisbane Times - Latest News: “denying five charges of the war crime of murder ahead of his criminal trial”
  2. SupportedRoberts-Smith launched a clothing label as part of a media blitz.Brisbane Times - Latest News: “Ben Roberts-Smith launched a multimedia blitz on Thursday to go with his new clothing label”
  3. SupportedRoberts-Smith said he would not change anything about his military career.Brisbane Times - Latest News: “insisting he would not change a thing from his military career.”
  4. SupportedRoberts-Smith criticised the retrospective change to war-crimes legislation.Brisbane Times - Latest News: “Roberts-Smith also added his voice to Pauline Hanson’s in a complaint about a 2024 change to Australia’s war crimes legislation.”
  5. SupportedHe faced five charges of war-crime murder ahead of his criminal trial.Brisbane Times - Latest News: “denying five charges of the war crime of murder ahead of his criminal trial”
  6. SupportedRoberts-Smith claimed the five killings were legitimate engagements.Brisbane Times - Latest News: “Each killing had been a legitimate engagement involving split-second decisions conducted in the fog of war, he claimed.”
  7. SupportedThe radio interview lasted 2½ hours.Brisbane Times - Latest News: “In a chummy 2½-hour interview with Sydney radio jock Ben Fordham”
  8. SupportedThe simultaneous news.com.au story was 6000 words long.Brisbane Times - Latest News: “and a simultaneous 6000-word news.com.au story billed “Exclusive””
  9. SupportedRoberts-Smith said Kerry Stokes had spent “upwards of $30 million” on the defamation case.Brisbane Times - Latest News: “He revealed to Fordham that Seven Network media tycoon Kerry Stokes had spent “upwards of $30 million” on the losing defamation case”
  10. SupportedRoberts-Smith said Stokes funded him because “he believed in me” and had not taken a position on guilt or innocence.Brisbane Times - Latest News: “Stokes had funded him because “he believed in me”, the former soldier said. “He’s never taken a position about, you know, innocence or guilt. It’s just, you deserve to go through the process fairly.””
  11. Partly supportedThe 2024 law change meant one of the three conditions was enough to establish that a person was hors de combat.Brisbane Times - Latest News: “The 2024 change meant that only one of the three conditions needed to be met to establish a war crime if such a person was harmed.”
  12. SupportedRoberts-Smith said his arrest at Sydney Airport on April 7 was a farcical attempt to sensationalise it in front of his partner and children.Brisbane Times - Latest News: “He also complained about his arrest at Sydney Airport on April 7 on a plane from Brisbane in front of his partner, Sarah Matulin, and his children. He said it had been farcical, and “such a deliberate attempt to sensationalise the arrest”.”

Zotpaper

Written by Harper Lane on the Australia & local desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

3 sources11 of 12 claims matched to a sourcefirst published updated twice
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