Ben Roberts-Smith Released on Bail Amid War Crime Allegations
Ben Roberts-Smith, a former Australian SAS corporal and Victoria Cross recipient, has been granted bail under stringent conditions as he faces five charges of war crime murder. The allegations stem from his service in Afghanistan, where he is accused of killing unarmed civilians, accusations he vehemently denies. Each charge carries a potential life sentence, though Roberts-Smith has not yet entered a formal plea.
Court Proceedings and Bail Conditions
In a hearing at the Downing Centre local court in Sydney, Judge Greg Grogin ruled that the risks of Roberts-Smith fleeing or interfering with evidence could be mitigated with strict bail requirements. Roberts-Smith, who appeared via video link from Silverwater prison, was released after spending ten nights in remand following his arrest on April 7. He must report to a police station three times weekly and use only a single phone and computer, both accessible to police. A $250,000 surety was imposed, which will be forfeited if he breaches bail or fails to attend court.
Judge Grogin emphasized that Roberts-Smith would be under surveillance and warned that any violation could result in a return to prison. The court also noted that his access to national security information for his defense would be compromised if he remained in custody, with the trial potentially years away due to case complexity and security concerns.
Prosecution and Defense Arguments
Prosecutor Simon Buchen SC opposed bail, citing evidence that Roberts-Smith had planned to relocate overseas without informing authorities, raising flight risks. Buchen argued that Roberts-Smith had previously shown a willingness to subvert court processes, including using burner phones and intimidating witnesses. However, defense lawyer Slade Howell contended that exceptional circumstances warranted bail, highlighting delays from national security issues and the need for Roberts-Smith to prepare his defense freely. Howell also suggested that pre-trial publicity might prevent a fair trial.
Details of the Charges
The five charges relate to three incidents during Roberts-Smith's deployments in Afghanistan between 2009 and 2012. They include allegations of complicity in the deaths of Mohammed Essa and Ahmadullah in Kakarak, the murder of farmer Ali Jan in Darwan, and involvement in the killings of two prisoners in Syahchow. Roberts-Smith is accused of aiding or directly causing these deaths, with all victims described as not taking part in hostilities.
Background and Legal Context
Roberts-Smith, once hailed as a national hero and father of the year, lost a high-profile defamation case against newspapers that published allegations of his war crimes. Federal court findings, though based on a civil standard, supported claims of murder and bullying. He is the second SAS soldier charged with war crimes in Afghanistan, following Oliver Schulz's 2023 case. The upcoming criminal trial will require a unanimous jury verdict under the higher standard of proof beyond reasonable doubt.
