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20 March 2023, 1:39pm
Media Release

Former Australian soldier charged with war crime

This is a joint media release between the AFP and the Office of the Special Investigator

A joint investigation between the Office of the Special Investigator (OSI) and the AFP has today resulted in a New South Wales man being charged with one count of War Crime—Murder under subsection 268.70(1) Criminal Code Act 1995 (Cth).

Investigators arrested the man, 41, in regional NSW this morning. He has been remanded in custody and is expected to appear in Downing Centre Local Court at a later date.  

It will be alleged he murdered an Afghan man while deployed to Afghanistan with the Australian Defence Force.

The maximum penalty for the War Crime—Murder offence is life imprisonment.

This is the first war crime charge of murder to be laid against a serving or former Australian Defence Force member under Australian law.

The OSI and AFP are working together to investigate allegations of criminal offences under Australian law related to breaches of the Laws of Armed Conflict by Australian Defence Force personnel in Afghanistan between 2005 and 2016.

As the matter is before the court and the investigation is ongoing, no further comment will be made.

Media contact: Office of the Special Investigator enquiry form 

AFP Media: (02) 5126 9297 / media@afp.gov.au

Background information on the Office of the Special Investigator:

The OSI was established in 2021 as one element of the Australian Government’s response to the Inspector-General of the Australian Defence Force’s (ADF) Afghanistan Inquiry report (the Brereton report).

For the most recent updates on the work of the OSI please visit the website.