Ben Roberts-Smith Granted Bail on War Crime Murder Charges
Former Australian SAS corporal Ben Roberts-Smith has been granted bail under strict conditions while he awaits a potential trial on five charges of war crime murder. The allegations relate to incidents during his service in Afghanistan, which he has consistently denied.
Court Proceedings and Bail Conditions
In Sydney's Downing Centre local court, Judge Greg Grogin ruled that the risk of Roberts-Smith fleeing or interfering with evidence could be mitigated by stringent reporting requirements. Roberts-Smith, who appeared via video link from Silverwater remand prison, must report to a police station three times weekly and use only a single phone and computer, accessible to authorities.
A $250,000 surety was imposed, forfeitable if he breaches bail or fails to attend court. He is permitted to travel to Sydney and Perth for legal or medical reasons. Judge Grogin warned that Roberts-Smith would be under surveillance and risk returning to prison if conditions are violated.
Allegations and Legal Context
The charges stem from three incidents in Afghanistan between 2009 and 2012, involving the alleged murders of unarmed civilians, including Mohammed Essa, Ahmadullah, Ali Jan, and two prisoners. Each charge carries a potential life sentence. Roberts-Smith has not yet entered a plea but maintains his innocence.
Prosecutor Simon Buchen SC opposed bail, citing risks of flight and witness interference, noting Roberts-Smith had planned to relocate overseas without informing authorities. Defence lawyer Slade Howell argued for bail due to case complexity, national security concerns, and potential delays, emphasizing that remand custody would hinder his defence preparation.
Background and Previous Cases
Roberts-Smith, a Victoria Cross recipient and former Australia Day council chair, lost a defamation case against newspapers that published allegations of his misconduct. Federal court findings, though at a civil standard, supported claims of war crimes and bullying. He is the second SAS soldier charged with war crimes in Afghanistan, following former trooper Oliver Schulz in 2023.
Judge Grogin highlighted that a trial, if it proceeds, will require a unanimous jury verdict beyond reasonable doubt, with no prediction on the outcome or timeline.
