Ben Roberts-Smith Released on Bail Amid War Crimes Charges
MELBOURNE, Australia — Ben Roberts-Smith, Australia’s most decorated living veteran, was granted bail and left a Sydney prison on Friday. His release came ten days after he faced charges of war crimes related to the deaths of five people during his service in Afghanistan.
Judge Greg Grogin approved the bail in a Sydney court, stating that Roberts-Smith had shown exceptional circumstances for his release. The prosecution opposed the bail, cautioning that Roberts-Smith might attempt to escape Australia or tamper with key evidence and witnesses.
The former Special Air Service Regiment corporal, 47, was arrested on April 7 and charged with five counts of murder associated with Afghan civilians in Uruzgan province between 2009 and 2012.
Australian law classifies war crime murder as the intentional killing of someone who is not involved in hostilities, like civilians or captured soldiers.
Images captured as Roberts-Smith left the Silverwater Correctional Complex showed him in the same clothing worn during his arrest at Sydney Airport. He has received both the Victoria Cross and the Medal of Gallantry for his commendable service and is only the second Australian veteran implicated in war crime allegations from the Afghanistan conflict.
These charges stem from a military report released in 2020, which indicated that elite SAS and commando troops had unlawfully killed 39 Afghan individuals, including prisoners and civilians. From 2001 to 2021, around 40,000 Australian forces served in Afghanistan, with 41 losing their lives.
In a civil trial earlier this year, the allegations against Roberts-Smith were deemed credible, as a judge dismissed his claims of defamation against several newspapers.
During that civil case, Roberts-Smith testified that he never killed an unarmed Afghan and instead portrayed himself as a victim of envy and falsehoods from his peers.
While the civil court did find the claims largely valid, the war crime charges must withstand a higher legal standard of proof in criminal court.
He is accused of personally shooting two victims and allegedly directing subordinates to kill the other three. In the bail hearing, prosecutor Simon Buchen described the charges as “among the most serious known to the criminal law,” noting that Roberts-Smith had plans to potentially relocate overseas without notifying authorities.
Roberts-Smith, whose maximum sentence could reach life imprisonment for each charge, has not yet entered pleas.
The bail hearing highlighted that this case has no precedent in Australian law, with Roberts-Smith’s defense lawyer arguing that prosecuting a distinguished soldier for alleged war crimes committed during a government-sanctioned deployment is uncharted territory.
Potential delays in the proceedings were also discussed, especially if there are future charges against fellow soldiers involved, some of whom are currently living abroad.
Roberts-Smith attended the bail hearing remotely and only spoke when prompted by the judge to confirm his ability to follow the proceedings.
