Decorated veteran Ben Roberts-Smith released on strict conditions after 10 days in custody over alleged murders of unarmed Afghans.
A Sydney court on Friday granted bail to Ben Roberts-Smith, Australia’s most decorated living soldier, who faces five counts of the war crime of murder related to the alleged killings of unarmed detainees during his deployments in Afghanistan between 2009 and 2012.
The former Special Air Service Regiment (SAS) corporal, 47, was arrested at Sydney Airport on April 7 and charged under the Criminal Code with five counts of war crime murder. Prosecutors allege he either killed the victims himself or aided, abetted, counselled, or procured others to do so in incidents in Uruzgan province.
Roberts-Smith appeared via video link at Sydney’s Downing Centre Local Court, where Judge Greg Grogin ruled that “exceptional circumstances” justified his release, citing the prospect of “years and years” in pre-trial detention given the complexity of the case. The judge acknowledged the gravity of the charges, which carry a maximum penalty of life imprisonment, but found that strict bail conditions sufficiently mitigated risks of flight and witness interference.
War Crimes Case Builds on Brereton Inquiry Findings:
The charges stem from a long-running investigation by the Australian Federal Police and the Office of the Special Investigator into alleged war crimes by Australian special forces in Afghanistan. They echo findings from a 2020 independent inquiry (the Brereton Report), which documented credible evidence of unlawful killings by elite troops, including the execution of prisoners and civilians.
In a separate 2023 civil defamation case brought by Roberts-Smith against several Australian newspapers, a Federal Court judge found on the balance of probabilities that he had been involved in the murder of four unarmed Afghans and had “disgraced his country.” Roberts-Smith has consistently denied all allegations, maintaining that the deaths occurred in lawful combat. He lost that defamation suit and was ordered to pay millions in costs.
This criminal prosecution represents only the second time an Australian veteran of the Afghanistan campaign has been charged with war crimes. The first case, involving another former SAS soldier, remains ongoing and has faced significant delays.
Strict Bail Conditions Imposed in War Crimes Case:
Bail was granted with stringent conditions, including restrictions on travel, requirements to report to police, and prohibitions on contacting witnesses or leaving the country. The judge warned that any breach, particularly attempts at witness tampering, would result in immediate revocation of bail and return to custody.
The matter has been adjourned to a status hearing in June. A full trial, if it proceeds, is expected to take years and will likely involve classified evidence, protected witnesses, and intense media scrutiny.
Roberts-Smith’s legal team has indicated he will seek funding support for his defence through a scheme available to current and former Australian Defence Force members.
The developments come amid broader questions about how Western nations address alleged misconduct by their forces in distant conflicts, where local victims often have little recourse and investigations unfold slowly over many years.