Billionaire Elon Musk weighs in on bombshell charges against Australian war hero Ben Roberts-Smith as the Victoria Cross recipient spends the night in jail - and new details emerge about how his arrest unfolded in front of his daughters
- by Mail
- Apr 07, 2026
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Elon Musk has weighed in on the arrest of Australia's most decorated living soldier, Ben Roberts‑Smith, describing the development as 'insane' in a brief but high‑profile post on X.
Musk, the billionaire owner of X and CEO of Tesla and SpaceX, responded on Tuesday to a viral post that reported Roberts‑Smith had been arrested over alleged war crimes linked to his service in Afghanistan.
Roberts-Smith was charged with five counts of war crime - murder late on Tuesday afternoon and appeared briefly in court where he was denied bail. He was transferred to Silverwater Prison in Sydney where he will spend Tuesday night before he is set to appear for another bail hearing on Wednesday morning.
Musk was responding to an X post made by Australian social media figure and conservative political activist Drew Pavlou, who was supportive of Roberts-Smith.
Roberts‑Smith, a recipient of the Victoria Cross for Australia, was earlier arrested by Australian Federal Police officers at Sydney Domestic Airport on Tuesday morning after arriving on a flight from Brisbane.
New details indicate the retired SAS corporal was taken into custody in front of his teenage twin daughters, who were also on the flight with Robert-Smith's girlfriend as it was for a family holiday.
Vision captured AFP officers escorting him on the tarmac shortly after the aircraft touched down, with officers waiting at the arrivals gate.
The charges follow a lengthy joint investigation by the Office of the Special Investigator (OSI) and the AFP into alleged unlawful killings during Australia's military deployment in Afghanistan.
Billionaire Elon Musk tweeted about the arrest of Ben Roberts-Smith on Tuesday
The two-metre-tall decorated former soldier was handcuffed and marched through Sydney Airport following his arrest by the AFP
Later on Tuesday afternoon the 47-year-old was charged with war crimes
Each offence Roberts-Smith has been charged with has a maximum penalty of life in prison.
According to investigators, the charges are connected to alleged incidents in Uruzgan Province across multiple tours.
Prosecutors allege Roberts‑Smith intentionally caused the death of a person during a April 12, 2009 operation at Kakarak.
He also allegedly aided, abetted, counselled or procured another person to intentionally cause a death during the same operation.
Further charges are connected to a separate incident on or about September 11, 2012 at Darwan, where he is accused of assisting in the intentional killing of a person.
Authorities also allege Roberts‑Smith acted alongside another individual to intentionally cause a death on or about October 20, 2012 at Syahchow, as well as aiding or procuring a killing at the same location and date.
Among the allegations are that he shot dead one already-captured man and brought his prosthetic leg back to Australia to use as a trophy to drink beer.
He is also accused of kicking a man, whose arms were tied, off a 10metre cliff before ordering another soldier to shoot him.
Musk replied to a comment from Australian activist Drew Pavlou
A 2011 photo of Corporal Benjamin Roberts-Smith as he was awarded the Victoria Cross in Perth with his then-wife Emma Roberts-Smith and their five-month-old twins, Eve (red) and Elizabeth (blue) Roberts-Smith
Footage captured Roberts-Smith being escorted away by AFP officers on the tarmac at Sydney Airport
The Victoria Cross recipient will face court later on Tuesday
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