He is due to appear in a New South Wales court later today.
The arrest comes after Roberts-Smith unsuccessfully sued Nine Newspapers over a series of stories about war crime allegations relating to his deployment in Afghanistan.
Federal Court Justice Anthony Besanko in 2023 found, on the balance of probabilities, that Roberts-Smith was involved in the murder of four unarmed men, ruling against him in his defamation suit against the Sydney Morning Herald, the Age and Canberra Times.
The findings were made on the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt.
Roberts-Smith’s appeal to the Full Court of the Federal Court was dismissed last year, and he was refused leave to appeal by the High Court.
Among the findings that Roberts-Smith was seeking to overturn was the allegation that he took part in the murder of a handcuffed shepherd, Ali Jan, at Darwan in September 2012.
Roberts-Smith also disputed findings that he was involved in the killings of two prisoners at a compound called “Whiskey 108” in 2009.
According to the allegations, Roberts-Smith shot one man in the back and directed a “rookie” soldier to shoot another prisoner.
Justice Besanko also found that Roberts-Smith, during an operation at Chinartu, directed members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons.
Roberts-Smith continues to deny the allegations and the court’s findings, and previously said: “Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.”
Asked about the arrest at a press conference, Australian Prime Minister Anthony Albanese refused to comment, saying that to do so could “prejudice” the case.
”I have no intention of commenting on a matter that’s clearly before the courts,” Albanese told reporters.
Pressed further on whether Attorney-General Michelle Rowland was consulted, Albanese refused to “confirm anything”.
He added it was “very important that there not be any political engagement”.
Opposition leader Angus Taylor was similarly tight-lipped, saying “it’s important we respect” the legal process.
But he added: “We also need to respect the role of our special forces”.
“The vast majority of our special forces do the right thing,” Taylor said.
“They are incredible people serving this nation and playing an extremely difficult role.
“I’m proud to support them each year in Pollie Pedal, and have done for many years now.
“This process needs to take its course, but it should not detract from the respect we show for our special forces in this country.”
More to come.
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