An SAS veteran who saw Ben Roberts-Smith in action while serving in Afghanistan and accused him of committing war crimes has broken his silence.
Mr Roberts-Smith, who is one of the country’s most-decorated soldiers, was arrested and charged on Tuesday by the Australian Federal Police over alleged war crimes.
He was arrested by members of the Australian Federal Police after being charged with five counts of war crimes – murder – where he is accused of taking part in five killings between 2009 and 2012 during his deployment in Afghanistan.
He has not entered any plea and is entitled to the presumption of innocence. He has at all times denied the allegations.
Speaking to Nick McKenzie on 60 Minutes, the former SAS soldier, known as “Person X”, said he wanted to believe the former soldier was a “hero”.
“There’s a lot of people that do not agree with what he (allegedly) did in Afghanistan,” he told 60 Minutes.
“On the other hand, there are a lot of people that are on his side. Most of them are the general public, who want to believe in our so-called heroes.”
An unnamed former SAS veteran alleged Mr Roberts-Smith was involved in war crimes during the deployment in Afghanistan.
“A hero is not someone who harms individuals – innocent individuals,” he said.
He has told authorities the alleged actions were done “after the dust has settled”.
“There’s no fog of war. There’s no bullets flying around, there’s nothing like that,” he said.
“Person X” told 60 Minutes said he believed the alleged actions were “completely contrary to (the) mission”.
“We weren’t there to kill civilians or people who didn’t deserve to die – non-combatants,” he said.
“I don’t think any Australian would want our soldiers, our ADF, going overseas and (allegedly) committing murder, essentially in their name.”
The unnamed veteran said the other soldiers who spoke out against the alleged war criminal were “vilified” and labelled “rats”.
He described them as “heroes” who have “physical courage” and “moral courage”.
“Those fellas that (spoke out), they’ve suffered greatly,” he told 60 Minutes.
“It’s sad, but I believe that the blokes who … stood up in court … they’re the heroes.”
Trial will be long and complex: former war crime prosecutor
Former war crimes prosecutor Graeme Blewett said the investigation into Mr Roberts-Smith was complex and could take two years.
“(The jury) will be bringing to the court their own understanding of what’s happening,” he said.
“You can never predict what a jury thinks of a case or what they will do in the end.”
He said the soldiers who spoke out against Mr Roberts-Smith were “very brave”.
“It’s a significant step on their part,” he told 60 Minutes.
“It’s also recognition that they themselves were involved in the war and all the unpleasantness of that war – with people being killed left, right and centre – that they themselves believe that the line has been crossed, and that’s unacceptable.”
The charges Ben Roberts-Smith is facing
Mr Roberts-Smith failed in his claim against Nine Newspapers for defamation at the Federal Court – where defences are considered on the ‘balance of probabilities’ – following a series of stories where he was accused of taking part in unlawful killings during his deployment in Afghanistan.
After losing an appeal with the Full Court of the Federal Court, he took the case to the High Court, where they refused him special leave to appeal.
Two of the charges against the former soldier involve the death of two men on April; 12, 2009 at Whiskey 108 – a compound at Kakarak, in the Uruzgan Province of Afghanistan.
The charges were related to two men who were allegedly found in tunnels after their compounds were cleared by Australian soldiers.
It’s alleged Mr Roberts-Smith ordered another soldier to shoot one man in the head.
He is also alleged to have shot another man, who had a prosthetic leg, in the head.
He is also alleged to have kicked a handcuffed shepherd, Ali Jan, off a cliff in Darwan in September 2012.
It’s alleged he ordered another soldier to kill the man in a cornfield.
The final two charges relate to the alleged killing of two “persons under control” in Syahchow in the Uruzgan Province in October 2012.
It’s alleged that the two men were taken into a field and shot dead.
According to the defamation trial, Mr Roberts-Smith ordered a soldier, known as Person 66, to kill one of the prisoners.
Each murder charge carries a maximum sentence of life in prison – if found guilty.
