Photo appears of war hero cheering comrade as he drinks beer from dead militant’s false leg

Corporal Ben Roberts-Smith VC, MG attends an afternoon tea reception for members of the Victoria Cross and George Cross Association

Credit: John Phillips/Getty Images

An Australian soldier decorated for bravery in Afghanistan is facing fresh questions over his conduct after photos emerged of him cheering on a comrade who was drinking beer from a dead militant’s prosthetic leg.

Ex-corporal Ben Roberts-Smith, who won the Victoria Cross for charging Taliban machine gun positions, was pictured with his fellow soldier during a party in a bar at an army base in southern Afghanistan.

The photo, taken in 2009 at a bar called the Fat Lady’s Arms, shows him grinning for the camera while his comrade holds a prosthetic leg that is being used to drink from. The leg allegedly belonged to Afghan militant that Mr Roberts-Smith is himself said to have killed.

The picture, published by the Sydney Morning Herald, appears to contradict court testimony given last year by Mr Roberts-Smith’s lawyer that he disapproved of using the leg as a drinking vessel.  His lawyer, Bruce McClintock, told the court that Mr Roberts-Smith thought it was "disgusting" to treat the leg as a souvenir.

The picture from the Sydney Morning Herald

Mr Roberts-Smith won his VC after charging up a hill to attack Taliban machine-gunners who had pinned down his comrades during fighting in Kandahar province in 2010. Despite being under heavy fire, he advanced to within 25 yards, before killing a gunner with a sniper shot and singlehandedly overpowering two other Taliban squads.

Mr Roberts-Smith, who has "I will not fail my brothers" tattooed across his chest, was described at the time as a "hero" by Australia’s then prime minister Julia Gillard.   The photos have emerged amid a large-scale government inquiry into claims that 39 Afghan civilians and imprisoned suspects were unlawfully killed by Australian forces.

Mr Roberts-Smith, 42, who left the army in 2013, has previously launched libel proceedings against the Herald for articles published in 2018. He claimed they portrayed him as someone who “broke the moral and legal rules of military engagement” and committed murder.

During part of the libel proceedings last September, it was alleged in court that Mr Roberts-Smith was currently under police investigation for alleged war crimes.