Former SAS corporal Ben Roberts-Smith has been released on bail after being charged with five counts of war crime murder over alleged killings of unarmed civilians in Afghanistan. The Victoria Cross recipient faced Sydney's Downing Centre local court on Friday, where Judge Greg Grogin approved his release under strict conditions.
Roberts-Smith must report to a police station three times a week, use only a single phone and computer to which police will have access, and provide a $250,000 surety. He may travel to Sydney and Perth for legal or medical reasons. The judge warned that he would be "under surveillance" and risked returning to prison if he breached any condition.
The prosecution opposed bail, arguing that Roberts-Smith was arrested at Sydney airport while planning to relocate overseas without informing authorities. They cited his previous defamation case as evidence of a "willingness and capacity to subvert court processes," including the use of burner phones and witness intimidation.
His defence team contended that the case was unique and subject to significant delays due to the volume of material and national security concerns. Judge Grogin noted that Roberts-Smith's access to security information needed for his defence would be compromised if he were held in custody, and that a trial was likely years away.
Roberts-Smith, who has not entered a plea and strenuously denies any wrongdoing, spent ten nights in Silverwater prison following his arrest on 7 April. His parents, including his father Len, a former judge, were present in court.
