Australia’s most decorated living soldier, Ben Roberts-Smith, has been released on bail over alleged war crimes.
Last week, the Victoria Cross recipient was taken into custody and charged with five counts of the conflict-related murder charges.
According to investigators, the former corporal in Australia’s Special Air Service (SAS) Regiment was responsible for the deaths of several unarmed Afghan detainees.
Between 2009 and 2012, the 47-year-old either killed unarmed Afghan prisoners himself or told his soldiers to do it. However, Ben Roberts-Smith maintained his innocence while calling these allegations spiteful.
On Friday, his lawyers argued that it would take a very long time for the trial to actually start. They said keeping him in jail during that wait would make it too hard for him to prepare his legal defense.
In the bail application, Robert-Smith’s lawyer described the case as “unchartered legal territory” for the country.
Judge Greg Grogin talked about the complicated and exceptional nature of the case, stating Roberts-Smith might have stayed in custody “not for weeks or months but years – possibly years and years – in custody before a trial is reached.”
Roberts-Smith was granted bail under the following terms, such as a bail surety of A$250,000 bond and reportage to police three times a week. He must also grant authorities full access to his electronic devices.
He has forfeited his passport and faces strict limitations on his movement within Australia. Magistrate Grogin warned that any breach would lead to a “swift” arrest and a return to prison attire.
“His arrest would no doubt come very swiftly and he would find himself once again donned in green”, Grogin added.
Following a 2023 civil defamation suit, a judge determined that murder allegations against the veteran soldier were “substantially true” based on the balance of probabilities.
This landmark case, sparked by Roberts-Smith’s legal action against Nine newspapers over their 2018 reports on military misconduct, marked the first time an Australian court formally examined war crimes allegations involving the nation’s forces.
Following a 2023 civil defamation suit, a judge determined that murder allegations against Ben Roberts-Smith were “substantially true” based on the balance of probabilities.
This landmark case, sparked by Roberts-Smith’s legal action against Nine newspapers over their 2018 reports on military misconduct, marked the first time an Australian court formally examined war crimes allegations involving the nation’s forces.
