Strict security measures allow BRS to learn murder charge details

By the Editorial Team · Wednesday, September 2, 2026

Former SAS soldier Ben Roberts-Smith has been granted access to the full classified evidence against him in war crimes charges after a court approved strict national security protocols for handling sensitive materials. The case, involving allegations of unlawful killings during his Afghanistan deployment and key witness testimony from cooperating soldiers, is expected to remain in lower courts until potentially 2029 due to its complexity.

Ben Roberts-Smith, a former Special Air Service (SAS) soldier and Victoria Cross recipient, will soon receive access to the full brief of evidence outlining war crimes charges against him following a court ruling approving strict security protocols for handling national security information. The decision was made on Tuesday by Judge Susan Horan at Sydney’s Downing Centre Local Court.

The court orders, established under the National Security Information Act, set out detailed procedures for storing, handling, and communicating sensitive material related to the case. These measures include securing documents in safes within approved premises, transporting materials only in locked briefcases, and restricting the copying of documents without express permission from the Commonwealth. Additional safeguards apply to information classified as "highly sensitive" or "top secret," such as closed court transcripts. Defence lawyers must undergo vetting by the Commonwealth and agree to personal information checks to be granted access to the classified files.

The security framework mirrors protocols used in Mr. Roberts-Smith’s previous legal proceedings, notably the 2023 defamation case he brought against the Nine/Fairfax media group. In that trial, Federal Court Judge Anthony Besanko found that, on the balance of probabilities, Mr. Roberts-Smith had committed murders of civilians during his deployment in Afghanistan, including the killing of a farmer named Ali Jan and a wounded detainee from the compound known as Whiskey 108. The defamation case featured hundreds of classified documents, protected witness identities, and closed-session transcripts due to the national security implications.

Mr. Roberts-Smith faces five counts of war crimes related to the alleged murder of unarmed detainees during his SAS service in Afghanistan. He denies all allegations. The 47-year-old is currently out on bail under strict conditions requiring a $250,000 surety and surrender of his passport. He did not attend Tuesday's hearing.

The evidence against Mr. Roberts-Smith is expected to draw heavily on testimony provided by Australian soldiers who served alongside him, some of whom have been granted immunity from prosecution in exchange for their cooperation. Prosecutors confirmed that four soldiers admitted involvement in the alleged war crimes and are now key witnesses for the Commonwealth.

The next court appearance for the case is scheduled for September 8 at the Downing Centre Local Court. Given the complexity and security issues surrounding the trial, legal experts anticipate that the war crimes trial may not reach the New South Wales Supreme Court until 2029 or later.

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