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Alleged war criminal Ben Roberts-Smith says he has “never run from a fight in my life” as he denied war crime murder charges relating to the shooting deaths of five unarmed civilians.
In his first public comments since being arrested on 7 April, Roberts-Smith spoke to the media from the Gold Coast, where he has been bailed ahead of a possible trial.
The Victoria Cross recipient faces five charges of war crime murder over allegations he killed or ordered others under his command to kill unarmed civilians during his service with the Australian SAS in Afghanistan.
“For the past 10 years, my family and I have been subject to a campaign to convince Australians that I’ve acted improperly in my service in Afghanistan,” Roberts-Smith said.
“As I’ve always maintained: I categorically deny all of these allegations.
“And while I would have preferred these charges not be brought, I will be taking this opportunity to finally clear my name. I’m proud of my service in Afghanistan.”
Roberts-Smith said that during this service he “always acted within my values, within my training and within the rules of engagement.
“I’d also like to say that I’m extremely proud of all of the men and women that served alongside me in Afghanistan and their service and sacrifice should never be forgotten, particularly those who made the ultimate sacrifice; many of whom were my friends.”
The charges relate to the war crime murders of a father and son named Mohammad Essa and Ahmadullah, a farmer named Ali Jan, and two prisoners known in court documents as “person under control” one and two.
The statement of facts tendered to the New South Wales local court on Friday, alleges there were “common themes” attached to the murders “Roberts-Smith committed, directed or facilitated”.
These are alleged to have included that each victim was unarmed and in a location where Roberts-Smith could reasonably have suspected insurgents, that evidence was planted or falsely associated with each deceased to enhance reporting that each of the killings was within the lawful rules of engagement and that each deceased was handcuffed, detained for a period, and questioned prior to their execution.
The statement of facts also alleged that each offence was committed in a situation where there was no active engagements with enemy forces and the Australian Defence Force was in control of the environment, and that none of the deceased was killed in a situation where the Australian Defence Force did not have effective control of the battlespace.
Three soldiers are witnesses who are relevant to the prosecution of Roberts-Smith, the statement of facts also alleges.
All three have allegedly admitted their “personal involvement” in executing one or more detainees “at the direction of, or with the complicity of, Ben Roberts-Smith”, according to the statement. Roberts-Smith was allegedly their superior in each instance.
“These witnesses have provided written accounts of their actions,” the statement of facts said.
“Each details other murders they witnessed.”
The allegations made in the statement of facts have not been tested in court, but are the basis of the prosecution’s case against Roberts-Smith.
Roberts-Smith also thanked his partner, Sarah Matulin, and her family, his “beautiful daughters”, and his parents “for their unwavering support and for standing by me during this difficult time”.
But he also urged the media to give them space, and hit out at the fact he was arrested so publicly when holidaying with Matulin and his children.
“This is an unprecedented case, and the public interest is huge, and the media has a job to do, which they should be allowed to do.
“But I would ask that the media please allow my family their privacy at this time, particularly my children who have already, unfortunately, suffered through a deliberate, sensational arrest that was made last week and [an] unnecessary spectacle.”
Roberts-Smith also thanked “the millions of Australians who have reached out to me publicly and privately to offer their support and well wishes.
“It means a great deal to me and is extremely humbling.”
Ending the press conference without taking questions, Roberts-Smith said:
“I understand this journey will be long. I understand this journey will be difficult, but I can promise everybody that I have never run from a fight in my life.
“I will never give up and I will always be in the fight.”
