Accused war criminal Ben Roberts-Smith encountered a dramatic media ambush upon his release from Silverwater prison on Friday evening, just hours after being granted bail. The 47-year-old former SAS soldier, who faces charges related to the alleged murders of five unarmed detainees in Afghanistan between 2009 and 2012, spent ten days in custody following his arrest on April 7.
Bail Granted Amid Legal Proceedings
Roberts-Smith successfully applied for bail at Sydney's Downing Centre Local Court, with Judge Greg Grogin approving his release under a $250,000 surety. The judge noted that denying bail could result in Roberts-Smith spending "years and years" in custody, potentially delaying his trial and hindering his ability to prepare a defence. However, the prosecutor opposed bail, citing the "significant" scope of the Crown's case and concerns that Roberts-Smith was a flight risk due to "advanced plans" to relocate overseas before his arrest.
Media Frenzy at Prison Exit
Despite receiving a special escort upon leaving jail, Roberts-Smith's departure was chaotic as photographers, including those working for the Sydney Morning Herald, blocked the Audi SUV driven by his partner, Sarah Matulin. The vehicle was forced to stop briefly before escaping the scene just after 5:30 pm. Roberts-Smith was seen wearing a blue polo shirt, jeans, and a cap, and he gave a thumbs-up to cameras as he was driven away.
His criminal lawyer, Slade Howell, argued in court that Roberts-Smith had been under surveillance by the Australian Federal Police for years and had never attempted to flee the country. An interim non-publication order has been issued to protect the address where Roberts-Smith will reside on bail and the police station he must report to, with Judge Grogin expressing concerns that individuals with strong opinions might seek to harm him or his associates.
Charges and Legal Background
Roberts-Smith is accused under the Commonwealth Criminal Code of shooting dead one unarmed Afghan, murdering another with an SAS comrade, and ordering the execution of three more detainees. Each charge carries a maximum penalty of life imprisonment, and Roberts-Smith has consistently denied any involvement in unlawful killings. His arrest follows nearly three years after he lost a defamation lawsuit against Nine newspapers, which published reports in 2018 labelling him a war criminal.
Conditions and Future Court Dates
As part of his bail conditions, Roberts-Smith must surrender his passport and is permitted to travel only between his residence and Sydney or Perth for legal consultations. He is expected to return to court on June 4, with a full hearing on the non-publication orders scheduled for Thursday. During his bail hearing, Roberts-Smith tuned in via audiovisual link while wearing prison-issued green clothing, and at the conclusion, Judge Grogin assured him, "Mr Roberts-Smith, I expect you'll be home tonight," to which Roberts-Smith replied, "Thank you, Your Honour."
The case continues to draw intense public and media scrutiny, highlighting the complex legal and ethical issues surrounding allegations of war crimes by military personnel. Roberts-Smith's release marks a pivotal moment in a prolonged legal drama that has captivated national attention.
