Ben Roberts-Smith is alleged to have thrown a grenade at the bodies of two murdered Afghan prisoners in an attempt to make it appear that they had been killed in combat, police have alleged in court documents released by a court.
Mr Roberts-Smith on Friday evening walked out of Silverwater Correctional Centre after being granted bail in Sydney’s Downing Centre Local Court, 10 days after he was arrested and charged with five counts of war crime – murder.
Judge Greg Grogin on Friday agreed to release the Victoria Cross recipient on bail, despite prosecutors arguing he was a flight risk.
Judge Grogin agreed to release to the media a “statement of facts” which contained the allegations made by investigators from the Australian Federal Police and Office of the Special Investigator.
According to the allegations, Mr Roberts-Smith was involved in the murder of five unarmed Afghan nationals between 2009 and 2012 while deployed in Afghanistan as a member of the Special Air Service.
In all cases, it’s alleged the men were “Persons Under Control” and had been captured by Australian forces, according to the court documents.
Mr Roberts-Smith has persistently denied the allegations and during his unsuccessful Federal Court defamation lawsuit against Nine Newspapers, he told the court that he “absolutely” complied with the Rules of Engagement while in Afghanistan.
Those findings were made on the civil standard of the balance of probabilities, which is below the criminal standard of beyond a reasonable doubt.
SYAHCHOW
Mr Roberts-Smith is alleged to have been present for the murder of two “Persons Under Control” at Syahchow in October, 2012
It’s alleged, according to court documents, that Mr Roberts-Smith was present when “Person Under Control 2” was shot by another officer.
Prosecutors further allege that Mr Roberts-Smith “cut the handcuffs” from “Person Under Control 1” before taking his blindfold and pushing him to the ground.
It’s alleged Mr Roberts-Smith said “shoot him”, according to the court documents.
The other officer “believed this to be an order”, prosecutors allege, before shooting “Person Under Control 1” two to three times in the chest.
According to the court documents, Mr Roberts-Smith is alleged to have thrown “a grenade towards the deceased PUCs, and it detonated”.
“This was an act to support a later false claim, that the deceased PUCs were killed during a legitimate action within the rules of engagement,” the court documents allege.
Mr Roberts-Smith is charged with two counts of the war crime of murder in relation to the alleged incident.
WHISKEY 108
Two of the five charges against Mr Roberts-Smith relate to the storming of a compound, which was designated “Whiskey 108” on April 12, 2009.
An aircraft dropped a 500 pound bomb on the compound, which was then secured by Australian troops.
Two men – Mohammad Essa and Ahmadullah – were discovered in a tunnel before being handcuffed and taken away.
According to the court documents, it’s alleged: “Ahmadullah was carried by Roberts-Smith outside the walls of the compound, thrown to the ground, and shot multiple times” with a machine gun.
Mr Roberts-Smith is alleged to have “grabbed Mohammad Essa, placed him on his knees” and told another officer, known only as Person 4, to “shoot that c***”.
It’s alleged that Person 4 took it as an order and shot Mr Essa “in the head, killing him”, according to the court documents.
DARWAN
Mr Roberts-Smith is further alleged in the documents to have kicked an Afghan national, Ali Jan, who had been captured at Darwan, down a cliff and then ordered another officer to shoot him.
“While he was still cuffed and physically restrained, Roberts-Smith kicked (Mr Jan) causing him to fall approximately 10 metres and causing injuries including the loss of teeth,” the court documents state.
Mr Roberts-Smith and another officer then climbed down to where Mr Jan was lying, according to the allegations in the police document.
It’s alleged Mr Roberts-Smith directed the officer to drag Mr Jan “across a dry creek bed to a large tree”.
According to the court documents, it’s alleged that Mr Roberts-Smith and the other officer had a short conversation.
It’s alleged that the other officer then shot Mr Jan with his M4 rifle.
Prosecutors have alleged that Mr Roberts-Smith “aided, abetted, counselled or procured” the other officer – known as Person 11 – to shoot Mr Jan.
