Australia’s most decorated living soldier, Ben Roberts-Smith, has been released on bail after facing serious war crime allegations.
The former corporal in the Special Air Service Regiment was taken into custody last week. Authorities have charged him with five counts of murder related to alleged incidents in Afghanistan between 2009 and 2012.
Investigators claim Roberts-Smith was involved in the deaths of unarmed detainees, either directly or by ordering others to carry out the acts. He has strongly denied all allegations.
During a court hearing, his legal team argued that the case is highly complex and could take years before reaching trial. They stated that keeping him in custody would make it difficult for him to prepare an effective defence.
Judge Greg Grogin agreed that the case presents exceptional circumstances. He noted that the trial process could take a long time and granted bail under strict conditions.
Roberts-Smith must report to police three times a week and allow access to his electronic devices. Authorities have also confiscated his passport and restricted his travel within Australia. The court set a bail surety of A$250,000.
The judge warned that any breach of these conditions would result in immediate arrest.
The current criminal case follows a major civil defamation ruling in 2023. In that case, a court found there was substantial truth to some allegations made against him in reports published by Nine Entertainment.
That earlier trial marked the first time an Australian court examined claims of alleged war crimes involving its military forces. However, the current criminal proceedings will require a higher legal standard, where charges must be proven beyond reasonable doubt.
Roberts-Smith’s lawyers have described the case as unprecedented in Australian legal history. They also raised concerns that widespread media coverage could affect the fairness of the trial.
As the legal process continues, the case remains one of the most closely watched in Australia, raising important questions about military accountability and justice.
