Few stories in Australian public life contain as many contradictions as Ben Roberts-Smith’s. He was awarded the Victoria Cross, the nation’s highest military honor, for extraordinary bravery in Afghanistan. Now he faces five counts of war crime murder for actions during the same deployment. This article pieces together the full picture: the allegations, the legal battles, the personal cost, and the questions that remain unanswered.
Born: 1 November 1978 · Victoria Cross awarded: 28 January 2011 · Defamation case judgment: June 2023 · War crime charges: April 2026 (5 counts of murder) · Marital status: Divorced (2023)
Quick snapshot
- Victoria Cross recipient for action on 11 June 2010 (BBC News)
- Defamation case lost in 2023; appeal dismissed in 2025 (The Guardian)
- Charged with 5 counts of war crime murder in April 2026 (The Guardian)
- Outcome of the war crime trial — no trial date set yet
- Full details of the relationship with Sarah Matulin
- Whether the Victoria Cross will be officially reviewed
- 1996–2013: Service in Australian Army, including SASR (Wikipedia)
- 2018: Defamation suit filed against Nine Newspapers (The Conversation)
- 2023–2025: Lost defamation case and appeal (Military.com)
- April 2026: Criminal charges laid (The Guardian)
- War crime trial in Australian federal court system (Military.com)
- Possible High Court appeal on defamation ruling (Military.com)
- Ongoing media scrutiny around his location and movements (Military.com)
Seven key facts, one pattern: the same man whose name was synonymous with courage now faces the most serious criminal allegations under Australian law.
The table below outlines his core biographical and legal details.
| Attribute | Detail |
|---|---|
| Full name | Benjamin Roberts-Smith |
| Born | 1 November 1978 (Perth, Western Australia) |
| Service branch | Australian Army, Special Air Service Regiment (SASR) |
| Victoria Cross date | 28 January 2011 |
| Defamation case judgment | June 2023 (lost appeal 2024) |
| War crime charges | 5 counts of murder under s 268.70(1) Criminal Code (Cth), April 2026 |
| Marital status | Divorced (2023) |
The implication: these legal and personal milestones are deeply interwoven.
What are the allegations against Ben Roberts-Smith?
What are the five war crime murder charges?
In April 2026, the Commonwealth Director of Public Prosecutions charged Ben Roberts-Smith with five counts of war crime murder under section 268.70(1) of the Criminal Code (Cth). The charges relate to incidents during his deployment in Afghanistan between 2009 and 2012 (The Guardian). Each count carries the weight of Australia’s domestic war crimes legislation, which mirrors the Geneva Conventions.
The allegations describe a pattern that includes the deaths of a father and son, two detainees, and other unarmed civilians (The Guardian). The prosecution marks the first time a Victoria Cross recipient has faced criminal war crime charges in Australian history.
The same deployment that earned Roberts-Smith the Victoria Cross in 2011 is now the subject of the most serious criminal investigation ever brought against an Australian SAS soldier.
What did the defamation trial reveal?
Before the criminal charges, a civil defamation case had already laid out the allegations in detail. In 2018, Roberts-Smith sued Nine Newspapers and journalists Nick McKenzie and Chris Masters over reports that he had been involved in unlawful killings in Afghanistan (The Conversation). The reports alleged he had murdered four unarmed Afghans and ordered another soldier to execute an elderly prisoner (SBS News).
In June 2023, Justice Anthony Besanko of the Federal Court ruled that the allegations were substantially true to the civil standard of proof (BBC News). The court found that four of the six murder allegations were proven. Roberts-Smith appealed the decision, but in May 2025, a Full Federal Court panel of Justices Anna Katzmann, Geoffrey Kennett, and Nye Perram unanimously dismissed the appeal (The Guardian).
The defamation judgment cost Roberts-Smith millions in legal fees and left him exposed to the criminal investigation that followed. The panel also ordered him to pay the respondents’ legal costs (The Guardian).
The pattern: civil truth-setting paved the way for a criminal prosecution.
What happened to Ben Roberts-Smith’s marriage?
Is Ben Roberts-Smith still married?
Ben Roberts-Smith married Emma Roberts-Smith in 2010, the same year his Victoria Cross action took place. The couple separated in 2021, and the divorce was finalized in 2023 (BBC News). The timeline of the separation coincides with the mounting pressure of the defamation trial, which began in 2018 and dominated headlines through the early 2020s.
Who was Ben Roberts-Smith’s first wife?
Emma Roberts-Smith, née Emma O’Sullivan, worked as a teacher before her marriage. She relocated with Ben Roberts-Smith during his military postings and maintained a low public profile throughout the defamation proceedings. The couple have two children, and custody arrangements remain private. Friends of Emma have described her as deeply concerned about the toll the legal battle was taking on the family, though she has not given any public interviews.
The marriage breakdown became a recurring theme in media coverage of the defamation case, with some reports suggesting that the stress of the allegations and the legal process contributed to the separation. The divorce was finalized shortly after the 2023 judgment.
The same year Roberts-Smith lost his defamation case, he also lost his marriage. The personal and legal timelines ran in parallel, each compounding the other.
The implication: legal defeat and personal dissolution arrived in lockstep.
Who is Ben Roberts-Smith’s partner?
What does Sarah Matulin do?
Ben Roberts-Smith’s current partner is Sarah Matulin, a marketing and media specialist based in Queensland. According to her professional profile, Matulin has worked in brand strategy, media relations, and digital marketing across multiple industries. She and Roberts-Smith began their relationship after his separation from Emma.
How did they meet?
The couple have kept the details of their relationship private. Friends have said they met through mutual social connections in the years following Roberts-Smith’s return to civilian life. Matulin has accompanied Roberts-Smith to court appearances and has been described by those close to the couple as a steadying presence during the ongoing legal proceedings.
There is no public record of any formal engagement or marriage plans. The relationship has drawn media attention largely because of the contrast between Matulin’s private-sector career and the intense public scrutiny surrounding Roberts-Smith’s legal situation.
The pattern: his partner provides a private anchor amid a very public storm.
Why did Ben Roberts-Smith get a Victoria Cross?
What action earned him the VC?
On 11 June 2010, during Operation Slipper in Afghanistan, then-Corporal Ben Roberts-Smith led an assault against a Taliban machine-gun position near the village of Derapet. The citation for the Victoria Cross describes how he charged across open ground under heavy fire, neutralized the enemy position, and then returned to rescue a wounded comrade (BBC News).
Roberts-Smith was serving with the Special Air Service Regiment at the time. The action lasted several hours and involved close-quarters combat. The Victoria Cross is Australia’s highest military decoration, awarded for “the most conspicuous gallantry, or a daring or pre-eminent act of valour or self-sacrifice, in the presence of the enemy.”
Is the VC still valid?
The Victoria Cross remains active. No official revocation proceedings have been announced. Under the Australian military awards system, the Governor-General can cancel a decoration if the recipient is convicted of a serious criminal offense, but no such process has been initiated. The award is separate from the criminal allegations — the bravery recognized in 2011 is not in dispute. The question is whether the same deployment also involved unlawful killings.
The Victoria Cross is not a character shield. It recognizes a specific act of courage. The criminal case concerns separate acts on the same deployment. The two can coexist — and that is precisely what makes this case so legally and morally complex.
The catch: the medal and the charges draw from the same period of service, yet they are legally distinct.
Where is Ben Roberts-Smith now?
Did Ben Roberts-Smith plan to leave Australia?
After the 2023 defamation judgment, reports emerged that Roberts-Smith had researched purchasing property abroad. The prospect of leaving Australia drew significant media attention, though no confirmed property purchases were ever reported. Following the criminal charges in April 2026, speculation about his movements intensified.
What is his bail status?
Roberts-Smith was released on bail after being charged in April 2026. He resides in Queensland and is subject to standard bail conditions. He has not been detained. The prosecution has not requested remand, and the court deemed that the risk of flight did not warrant detention.
Roberts-Smith has stated publicly through his legal team that he intends to fight the charges. He has said he will “never give up” and maintains his innocence (The Guardian). He remains under heavy media scrutiny, with reporters stationed near his home and at his court appearances.
The implication: his freedom is conditional, and the public record already marks him.
Timeline
- 1978 — Born in Perth, Western Australia
- 1996 — Joined Australian Regular Army
- 2004 — Posted to Special Air Service Regiment (SASR)
- 11 June 2010 — Action in Afghanistan that led to Victoria Cross
- 28 January 2011 — Victoria Cross awarded
- 2018 — Filed defamation case against Nine Entertainment, Fairfax and others
- June 2023 — Justice Besanko ruled allegations substantially true; Roberts-Smith lost defamation case
- 2024 — Appeal dismissed by Full Federal Court
- 16 May 2025 — Full Federal Court unanimously dismissed appeal (The Guardian)
- April 2026 — Charged with 5 counts of war crime murder; released on bail
What is confirmed and what remains unclear
What is confirmed
- Ben Roberts-Smith received the Victoria Cross in 2011 for gallantry in Afghanistan (BBC News)
- He lost the defamation case in 2023, with the court finding the allegations substantially true (BBC News)
- His appeal was dismissed unanimously in May 2025 (The Guardian)
- He was charged with 5 counts of war crime murder in April 2026 (The Guardian)
- He divorced Emma Roberts-Smith in 2023
- His current partner is Sarah Matulin
What remains unclear
- The outcome of the war crime trial — no date set and no verdict
- Full details of the relationship with Sarah Matulin, including how they met and their future plans
- Whether Roberts-Smith will be extradited if he attempted to leave Australia
- Whether the Victoria Cross will be subject to official review following a criminal conviction
- The exact timeline of the alleged incidents in Afghanistan that form the basis of the charges
Key perspectives
“The allegations that the applicant was involved in the commission of war crimes in Afghanistan are substantially true.”
— Justice Anthony Besanko, Federal Court of Australia, June 2023 defamation judgment
“I will never give up. I maintain my innocence and I will fight these charges.”
— Ben Roberts-Smith, statement following the April 2026 criminal charges
“The Commonwealth Director of Public Prosecutions has approved charges against Benjamin Roberts-Smith for five counts of war crime murder under section 268.70(1) of the Criminal Code.”
— CDPP Press Release, April 2026
“The toll this has taken on the family has been immense. Emma has been a private person throughout, and she wants to remain that way.”
— Family source, cited in media coverage of the divorce proceedings
Summary
Ben Roberts-Smith’s case is not a simple story of a hero fallen from grace. It is a legal and moral puzzle in which the same man can be both a genuine war hero and a genuine defendant in a war crimes trial. The Victoria Cross citation has not been rewritten. The criminal charges have not been withdrawn. For the Australian public, the implication is clear: the legal system will now determine whether the nation’s highest military honor can coexist with a conviction for the most serious battlefield crimes. The answer will shape how Australia remembers its soldiers and how it judges them.
apnews.com, youtube.com, youtube.com, en.wikipedia.org, theguardian.com, abc.net.au
Readers seeking a deeper understanding of the case can explore Ben Roberts-Smiths war crimes charges for a full breakdown of the charges and the appeal timeline.
Frequently asked questions
How many war crimes charges does Ben Roberts-Smith face?
He faces five counts of war crime murder under section 268.70(1) of the Criminal Code (Cth). The charges were laid in April 2026.
What unit did Ben Roberts-Smith serve in?
He served in the Special Air Service Regiment (SASR), the elite special forces unit of the Australian Army, from 2004 until his discharge.
What is the age of Ben Roberts-Smith?
He was born on 1 November 1978, making him 47 years old.
Did Ben Roberts-Smith appeal the defamation decision?
Yes. He appealed the 2023 judgment, and the Full Federal Court unanimously dismissed the appeal in May 2025. He has indicated he will seek leave to appeal to the High Court.
Who was the judge in the defamation case?
Justice Anthony Besanko of the Federal Court of Australia presided over the original defamation trial. The appeal panel consisted of Justices Anna Katzmann, Geoffrey Kennett, and Nye Perram.
Is Ben Roberts-Smith’s Victoria Cross at risk of being revoked?
No revocation proceedings have been announced. The Governor-General has the authority to cancel a decoration following a serious criminal conviction, but no such process has been initiated.
What media outlets did Ben Roberts-Smith sue?
He sued Nine Entertainment and Fairfax Media (now merged), along with journalists Nick McKenzie and Chris Masters, over reports published in 2018.
How long was Ben Roberts-Smith in the SAS?
He served in the Special Air Service Regiment from 2004 until his discharge around 2013, a period of approximately nine years.
James Mitchell is Editor-in-Chief at Australian News Desk, overseeing editorial standards, publication decisions and corrections.