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 conflict-related murder.
According to investigators, the former corporal of Australia’s Special Air Service (SAS) regiment was responsible for the deaths of several unarmed Afghan captives.
Between 2009 and 2012, the 47-year-old either killed unarmed Afghan prisoners or ordered his soldiers to do so. However, Ben Roberts-Smith maintained his innocence, calling the allegations malicious.
His lawyers argued on Friday that it would take too long for the trial to actually begin. He said keeping him in jail during that wait would make it much more difficult for him to prepare his legal defense.
In a bail plea, Robert-Smith’s lawyer described the case as “uncharted legal territory” for the country.
Judge Greg Grogin spoke about the complex and extraordinary nature of the case, stating that Roberts-Smith “could remain in custody not for weeks or months but for years – possibly years and years – before reaching trial.”
Roberts-Smith was granted bail under the following conditions, such as a surety amount of $250,000 bond and reporting to the police three times a week. He must also provide authorities with full access to his electronic devices.
His passport has been confiscated and he faces strict restrictions on his movement within Australia. Magistrate Grogin warned that any breach would result in “prompt” arrest and a return to prison garb.
“No doubt his arrest will be swift and he will find himself painted green once again,” Grogin said.
Following a 2023 civil defamation trial, a judge determined that the murder allegations against the veteran soldier were “substantially true” based on the balance of probabilities.
The landmark case, triggered by Roberts-Smith’s legal action against nine newspapers over 2018 reports on military misconduct, marked the first time an Australian court formally investigated allegations of war crimes involving the country’s forces.
Following a 2023 civil defamation trial, a judge determined that the murder allegations against Ben Roberts-Smith were “substantially true” on the balance of probabilities.
The landmark case, triggered by Roberts-Smith’s legal action against nine newspapers over 2018 reports on military misconduct, marked the first time an Australian court formally investigated allegations of war crimes involving the country’s forces.
