Ben Roberts-Smith's ex-wife's name is dragged into his court case - as he wins ruling after war crimes murder charges

By STEPHEN GIBBS, SENIOR NEWS REPORTER, AUSTRALIA Published: 01:39, 23 April 2026 | Updated: 01:49, 23 April 2026 Ben Roberts-Smith has successfully sought to have his bail on war crime murder charges varied so he can communicate with his ex-wife. One of the Victoria Cross recipient's bail conditions was that he not contact 'certain persons', which appeared to include Emma Roberts. The former couple has two 15-year-old girls and Roberts-Smith wanted to be able to contact Ms Roberts to make arrangements to see his daughters. Judge Susan Horan approved a bail variation allowing Roberts-Smith to communicate with Ms Roberts on Thursday in Sydney's Downing Centre Local Court. Judge Horan allowed Roberts-Smith to contact Ms Roberts by email to discuss and confirm arrangements regarding their daughters. Roberts-Smith and Ms Roberts separated in June 2020, sold their Gold Coast marital home for more than $2million in December that year and divorced in February 2021. Ms Roberts, who dropped the 'Smith' from her surname after the couple split, initially supported her then husband when he was accused of being a war criminal by Nine newspapers in a series of 2018 reports. She later swapped sides and gave evidence against her former husband, who took a series of swipes at Ms Roberts during the Federal Court proceedings, which he spectacularly lost. Ben Roberts-Smith has successfully sought to have his bail on war crime murder charges varied so he can communicate with his ex-wife. Roberts-Smith with his ex-wife Emma (file photo)  'It is very sad that my wife has involved herself in these proceedings, Your Honour,' Roberts-Smith told Justice Anthony Besanko in June 2021. 'And I take absolutely no joy in describing my wife in any way that is negative but the reality is she is extremely bitter. 'She has done things along the way that have been detrimental to my family, and particularly to me, because she thinks it will hurt me.' Roberts-Smith is charged with five counts of 'war crime - murder' allegedly committed while serving with the Special Air Service in Afghanistan between 2009 and 2012. He is accused of shooting dead one Afghan detainee and ordering subordinate SAS troopers named in court documents as Person 4, Person 11, Person 66 and Person 68 to kill four others. The Commonwealth Director of Public Prosecutions has indemnified four witnesses - former soldiers Person 4, Person 8, Person 56 and Person 66 - who have admitted killing prisoners.  Roberts-Smith was arrested by the Australian Federal Police (AFP), alongside members of the Office of the Special Investigator (OSI), on April 7 as he prepared to get off a Qantas flight from Brisbane at Sydney Airport. The 47-year-old was on a day trip to Sydney to take his 15-year-old twin daughters shopping as a school holiday treat and was also in the company of his partner Sarah Matulin. Roberts-Smith was arrested by the Australian Federal Police, alongside members of the Office of the Special Investigator, on April 7 as he prepared to get off a Qantas flight from Brisbane at Sydney Airport (above) Roberts-Smith is charged with five counts of 'war crime - murder' allegedly committed while serving with the Special Air Service in Afghanistan between 2009 and 2012. He is pictured with partner Sarah Matulin Each of the charges against Roberts-Smith (above) carries a maximum penalty of life in prison. He has always denied involvement in any unlawful killings The Daily Mail has previously revealed Roberts-Smith - who has always denied committing war crimes - had repeatedly offered to present himself to a police station if authorities intended to arrest him. Details of the allegations against Roberts-Smith were disclosed when Judge Greg Grogin released the statement of facts last Friday after granting him bail in Downing Centre Local Court. The first murder charge relates to an action at a compound called Whiskey 108 in the Tarin Kowt District of Uruzgan Province in Afghanistan on April 12, 2009. Person 4 was the junior member of a patrol led by Person 5 and including Roberts-Smith. He was older than most others but known as 'The Rookie'. Following an airstrike, a man named Mohammad Essa and his son Ahmadullah, who wore a prosthetic leg, were allegedly removed from a tunnel in the compound and taken prisoner. 'Ahmadullah was carried by Roberts-Smith outside the walls of the compound, thrown to the ground, and shot multiple times by Roberts-Smith with a belt-fed machine gun,' according to the statement of facts. 'Roberts-Smith grabbed Mohammad Essa, placed him on his knees in front of Person 4, and said to Person 4, 'Shoot that c***'. 'Person 4, understanding this to be an order, shot Mohammad Essa in the head, killing him.' Details of the allegations against Roberts-Smith were disclosed when Judge Greg Grogin released the statement of facts last Friday after granting him bail in Downing Centre Local Court The Victoria Cross recipient, who also earnt the Medal for Gallantry while serving in Afghanistan, is pictured at Buckingham Palace in 2018 meeting Queen Elizabeth II The next murder - of a man named Ali Jan - was allegedly committed at Darwan, a village in Shahid-E-Hasas District of Uruzgan Province, on September 11, 2012. Roberts-Smith's patrol identified a number of Afghans who had been captured as 'persons under control' (PUCs), one of whom was a man called Ali Jan. 'Ali Jan was taken to the edge of a cliff by Person 11,' according to the statement of facts. 'Whilst he was still cuffed and physically restrained, Roberts-Smith kicked him, causing him to fall approximately 10m and causing injuries including the loss of teeth.' Roberts-Smith allegedly ordered Person 11 to drag Ali Jan across a dry creek bed to a large tree and the two SAS soldiers were seen in conversation by Person 4. 'Person 4 looked away for a short moment during which a number of shots rang out that sounded like they were fired from an M4 rifle,' according to the statement of facts. 'Person 4 turned back to the direction of the shots and saw Person 11 standing in position with their rifle on their shoulder. 'While both Roberts-Smith and Person 11 were carrying M4 rifles on the mission, the prosecution alleges that it was Person 11 who fired the shots that killed Ali Jan.' The final two murder charges relate to a mission at Syahchow village in Deh Rawood District, Uruzgan Province, on October 20, 2012. Person 66, who was on his first operational mission, alleges after the action he was with Roberts-Smith, Person 68 and two prisoners dubbed PUC 1 and PUC 2. 'Person 66 heard a shot and observed that PUC 2, in front of Person 68, had been shot,' according to the statement of facts. Roberts-Smith allegedly cut the handcuffs from PUC 1, removed his blindfold and pushed him to the ground. 'Roberts-Smith said, 'Shoot him',' according to the statement of facts. 'Person 66 believed this to be an order from Roberts-Smith. Person 66 was 2m away from PUC 1. 'Person 66 paused for a moment and then shot PUC 1 two to three times in the chest, killing him.' Sorry we are not currently accepting comments on this article.