Roberts-Smith speaks out on war crime charges, denies 'throw down' allegations

Former SAS soldier gives first interview since being charged with murder, defends military record in 2GB appearance

By LineZotpaper
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Sources4 outlets
Ben Roberts-Smith has given his first interview since being charged with five counts of war crime murder, telling 2GB's Ben Fordham he 'didn't bloody murder anyone' and questioning the Defence investigation that led to his prosecution. The former SAS soldier was probed on allegations of military 'throw downs', claims he was following directives, and said he would not change a thing about his service.

Ben Roberts-Smith has broken his silence since being charged with war crimes, giving an extensive interview to 2GB's Ben Fordham this morning. The former SAS soldier and Victoria Cross recipient is facing five counts of murder.

Roberts-Smith said he was motivated to tell his side of the story. "I really think if you're going to go through this type of scenario, then you should be given a fair go, and that's all I've ever asked for," he said.

Pushed by Fordham on the substance of the charges, Roberts-Smith doubled down on his defence. "I didn't bloody murder anyone," he said, agreeing with the host that he would have remembered if he had. He described the Defence investigation into allegations of misconduct by Australian soldiers, which found credible information suggesting unlawful overseas killings, as an "absolute farce".

A significant portion of the interview focused on the practice of "throw downs" (placing weapons or radios on the bodies of dead civilians to make them look like combatants). Roberts-Smith framed this as a standard part of documenting operations.

"We were told to put weapons on the bodies for the photographs because they wanted it all in one photo, so we could send it back," he told Fordham. "So moving things around... it was actually a directive from the leadership."

The reporters covering the interview noted that this directly contradicts testimony from the defamation trial Roberts-Smith lost in 2023. At that trial, a number of SAS witnesses revealed that individual soldiers carried throw down items (including folding-stock AK-47s and radios) in their assault packs. Furthermore, two witnesses testified that it was Roberts-Smith himself who instructed people in the practice during a pre-deployment rehearsal in 2012.

Roberts-Smith rejected accusations of a "cowboy culture" inside the Australian Defence Force. He said that while soldiers used to "blow off steam", they were the most professional soldiers when it was "game time". He stated he never broke the rules of engagement and would do it all "exactly the same way".

He also spoke about the personal toll, saying it was "hard" to see his twin teenage daughters exposed to the allegations. He said he first heard rumours through the media, and that the allegations initially had nothing to do with war crimes, but bullying.

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Analysis

Why This Matters

  • This is the most detailed public defence from Roberts-Smith since his criminal charges, shaping public opinion ahead of what will be one of Australia's most significant war crimes trials.
  • The interview reopens debate over the culture inside the SAS and the validity of the Defence investigation's findings.
  • The outcome of this trial will set a powerful precedent for Australia's ability to hold its elite soldiers accountable for actions in conflict zones.

Background

Ben Roberts-Smith was once Australia's most celebrated living soldier, awarded the Victoria Cross. He lost a defamation case in 2023 against media outlets whose reports he had contested, with the judge finding that on the balance of probabilities he had committed unlawful killings. The Australian Federal Police subsequently charged him with five counts of murder. The 'throw down' practice was a central theme in the defamation trial evidence.

Key Perspectives

Ben Roberts-Smith: Maintains his innocence and states his actions were within the rules of engagement. He characterises the investigation as a 'farce' and the 'throw down' practice as official procedure directed by leadership. The AFP and Crown Prosecutors: Have laid five specific murder charges which must be proven beyond a reasonable doubt. The case rests on the credibility of witnesses and physical evidence. Former SAS Witnesses: A group of soldiers who testified in the defamation trial provided accounts that directly conflict with Roberts-Smith's version, alleging premeditated use of 'throw downs' to cover up unlawful killings.

What to Watch

  • The setting of a trial date for the criminal charges.
  • Whether the Crown's case relies on the same witnesses from the civil defamation trial.
  • The reaction from veteran groups and the broader public to Roberts-Smith's public statements.

Sources

Checked

12 claims in this story checked against 1 source: 8 supported.

Show each claim
  1. SupportedThe headline says Roberts-Smith denies the ‘throw down’ allegations.Brisbane Times - Latest News: “He also rejected accusations of blooding, or “throw downs”, in the military.”
  2. SupportedThe summary says this is Roberts-Smith’s first interview since being charged with murder.Brisbane Times - Latest News: “It is the first interview he has given since he was charged with war crimes.”
  3. SupportedRoberts-Smith is facing five counts of war crime murder.Brisbane Times - Latest News: “doubled down on his defence against the five counts of war crime – murder he is confronting.”
  4. SupportedRoberts-Smith said, “I didn't bloody murder anyone.”Brisbane Times - Latest News: ““I didn’t bloody murder anyone,” he said.”
  5. Not in the sourcesThe story says the Defence investigation led to Roberts-Smith’s prosecution.Brisbane Times - Latest News: “The probe found credible information suggesting unlawful overseas killings.”
  6. SupportedRoberts-Smith called the Defence investigation an “absolute farce”.Brisbane Times - Latest News: “he said he later felt it turned into an “absolute farce”.”
  7. SupportedRoberts-Smith said, “We were told to put weapons on the bodies for the photographs because they wanted it all in one photo, so we could send it back.”Brisbane Times - Latest News: ““We were told to put weapons on the bodies for the photographs because they wanted it all in one photo, so we could send it back,” he told Ben Fordham.”
  8. Partly supportedThe story defines “throw downs” as placing weapons or radios on dead civilians’ bodies to make them look like combatants.Brisbane Times - Latest News: “Fordham asked Roberts-Smith whether he was aware of soldiers placing weapons, radios or other military paraphernalia near the bodies of dead Afghan civilians to make it look like they were combatants. These items are known as “throw downs”.”
  9. Not in the sourcesThe story says Roberts-Smith lost the defamation trial in 2023.Brisbane Times - Latest News
  10. SupportedThe source says two trial witnesses testified that Roberts-Smith instructed people in the throw-down practice.Brisbane Times - Latest News: “two witnesses at the defamation trial testified that it was Roberts-Smith himself who instructed people in the practice.”
  11. Partly supportedThe story says most soldiers were the most professional when it was “game time”.Brisbane Times - Latest News: ““But the one thing I do know is when it was game time, or when it was actually happening, the majority of guys were the most professional soldiers you will ever meet.””
  12. SupportedRoberts-Smith said he never broke the rules of engagement.Brisbane Times - Latest News: ““I would do it all exactly the same way because I know that I did the right thing – I know that I was prepared to die for this country every time I went outside the wire and I know it did whatever I could to keep my mates alive, but I never broke the rules of engagement,” he said.”

Zotpaper

Written by June Katz 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.

2 sources8 of 12 claims matched to a sourcefirst published
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