Ben Roberts-Smith Released on Bail Amid War Crimes Charges
MELBOURNE, Australia (AP) – Ben Roberts-Smith, Australia’s most decorated living veteran, was granted bail from a Sydney prison on Friday, 10 days after being charged with war crimes for allegedly killing five individuals during his service in Afghanistan.
Judge Greg Grogin ruled in a Sydney court that Roberts-Smith had presented exceptional circumstances justifying his release. This decision came despite prosecutors opposing bail, citing concerns that he might flee the country or obstruct the investigation.
The 47-year-old was apprehended on April 7, facing five counts related to the deaths of Afghans in Uruzgan province during 2009 and 2012. Notably, he is the second Australian veteran from the Afghanistan campaign to be charged with such serious offenses.
Context of the Charges
Australian law categorizes war crimes as the intentional killing of non-combatants during armed conflict. These can include civilians, prisoners, or wounded soldiers. Roberts-Smith had been removed from Silverwater Correctional Facility, appearing in the same attire seen in images from his previous police escort at Sydney Airport last week.
Having received both the Victoria Cross and the Medal for Bravery for actions in Afghanistan, the allegations against him follow a military report released in 2020. This report highlighted evidence that elite units, including SAS, had unlawfully killed 39 Afghan non-combatants, and about 40,000 Australian personnel served in Afghanistan between 2001 and 2021, with 41 fatalities.
Roberts-Smith’s claims of innocence were bolstered by his testimony at a recent trial, where he denied ever killing unarmed Afghans and accused fellow soldiers of fabricating stories out of envy regarding his honors. However, a civil trial in 2023 determined that accusations of his conduct held credibility, even though proving war crimes in a criminal court requires a higher standard of evidence.
At his trial, he is alleged to have personally shot two of the victims while also ordering subordinates to kill three others. Prosecutor Simon Buchen stressed the gravity of the situation, describing the charges as “among the most serious known to criminal law,” mentioning Roberts-Smith’s prior plans to relocate overseas as a concern during the bail hearing.
Each conviction could lead to a life sentence. Yet, as of now, he hasn’t entered a plea.
Uncharted Legal Territory
Defense attorney Slade Howell characterized Roberts-Smith’s case as “exceptional.” He emphasized that prosecuting a highly decorated soldier for an alleged war crime in a domestic court is unprecedented within Australia’s legal framework.
Howell also noted that various delays unique to this case could occur. Some of Roberts-Smith’s fellow veterans now reside abroad, which might complicate the prosecution should indictments follow for any of them.
Roberts-Smith participated in the bail hearing via video link from prison, only confirming his ability to follow the proceedings when prompted by the judge.
