Full Breakdown
Ben Roberts-Smith Denies War-Crime Charges While Launching New Clothing Brand
By Drooid · · How we work
Media Blitz and Legal Context
On October 22, 2026, former Special Air Service Regiment (SAS) soldier and Victoria Cross recipient Ben Roberts-Smith appeared on 2GB for a two-and-a-half-hour interview with host Ben Fordham. In the broadcast he denied five counts of war-crime murder alleged to have occurred during his Afghanistan deployments between 2009 and 2012. He also announced the launch of a new apparel line, Epic 1 Two, marketed with the tagline “Stay comfortable in the chaos” and described as a means to support his family during the pending criminal trial.
He framed the case as a test of a “fair go,” asking listeners to consider how they would feel if a close relative faced the same accusations.
Background & Context
The current criminal proceedings follow a high-profile defamation suit that concluded in 2023. Federal Court judge Anthony Besanko, applying the civil standard of proof, found that Roberts-Smith had likely been involved in four murders—one civilian and three combatants who were “under control” and posed no threat—and that bullying complaints against him were proved. The defamation case was financially backed by media billionaire Kerry Stokes, who Roberts-Smith estimated paid “upwards of $30 million” in legal costs.
Allegations first entered the public record in 2017 after investigative reporting identified possible war-crime conduct. In 2024, Australian legislation on war crimes was amended retroactively, lowering the threshold for establishing a violation.
Data & Statistics
- Charges: Five counts of war-crime murder (2009-2012).
- Defamation cost: Estimated > $30 million, funded by Kerry Stokes.
- Interview length: Approximately 2½ hours on 2GB.
- Clothing brand: Epic 1 Two, named after a former call-sign.
Official Statements & Responses
He said he was “naïve” about the civil court system after losing the defamation case and expressed concern that extensive media coverage could make it difficult to find jurors who have not already formed an opinion.
Prosecutors, as reported, allege the five victims were unarmed Afghan nationals who were not taking part in hostilities and were shot either by Roberts-Smith or by soldiers acting under his orders.
Verbatim Quotes
- “So, what you’ve actually done is said you drove down the freeway yesterday, doing 100 kilometres an hour, but today we’ve decided that you’re only allowed to do 80 kilometres an hour on the freeway. So we’re going to charge you for speeding over the limit yesterday,” — Ben Roberts-Smith, war veteran
Conflicting Reports & Gaps
The 2023 civil finding that Roberts-Smith “committed four murders” is based on the balance of probabilities, a lower evidentiary threshold than the criminal standard required for conviction. The pending criminal trial, therefore, remains to determine guilt beyond a reasonable doubt. No independent verification of the alleged victims’ status at the time of the incidents has been provided in the sources.
What’s Next
The criminal case is scheduled to return to court in December, with Roberts-Smith warning that the trial could be more than five years away due to jury-selection challenges. He expressed confidence that a jury of “normal people” would understand the “holes” in the evidence once presented. The launch of Epic 1 Two proceeds alongside the legal battle, with proceeds earmarked to support his family throughout the proceedings.