Ben Roberts-Smith Granted Bail on War Crime Charges Under Strict Conditions Australia’s most decorated living soldier, Ben Roberts-Smith, has been granted bail while awaiting trial on five counts of war crime murder related to his service in Afghanistan between 2009 and 2012. The Victoria Cross recipient and former SAS corporal appeared in a Sydney court on Friday, where Judge Greg Grogan approved his release under stringent conditions designed to address concerns about flight risk and potential interference with witnesses or evidence. Roberts-Smith must report to police three times per week, surrender his passport, and allow authorities access to his electronic devices as part of the bail agreement. He will remain confined to Silverwater Prison in Sydney until these conditions are met. The charges stem from a five-year investigation by the Australian Federal Police and the Office of the Special Investigator, which alleges Roberts-Smith was involved in the deaths of unarmed Afghan nationals who were not participating in hostilities. Prosecutors claim he either shot detainees himself or ordered subordinates to do so during multiple tours with the Special Air Service Regiment. Roberts-Smith has consistently denied the allegations since they first emerged in media reports in 2018. His legal team described the case as “unprecedented” and “unchartered legal territory” for Australia, arguing that prolonged imprisonment would hinder his ability to mount an adequate defence. The criminal proceedings follow a 2023 civil defamation case in which a judge found, on the balance of probabilities, there was “substantial truth” to the allegations published by Nine newspapers. Yet, the current war crime charges require proof beyond reasonable doubt—a higher legal standard. Roberts-Smith was arrested at Sydney Airport on Tuesday after arriving on a flight from Brisbane and spent the night in custody before his initial court appearance, during which no bail application was made. His release on Friday marks a significant development in a case that has drawn national attention due to its implications for Australia’s military accountability framework. The trial date has not yet been set, and Roberts-Smith remains presumed innocent until proven guilty under Australian law.
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