Bail granted after custody
Australia’s most decorated living soldier, Ben Roberts Smith, has been released on bail after spending time in custody over serious war crime allegations. He left Silverwater Prison in Sydney after a court approved his release under strict conditions.
Murder charges linked to Afghanistan service
The former SAS corporal faces five counts of murder as part of a war crimes investigation. They also claim he either carried out the killings or ordered subordinates to do so.
Roberts Smith denies all allegations against him.
Court decision and bail reasoning
Judge Greg Grogin said the case is unusual and could take years to reach trial. The judge accepted that conditions could manage risks such as witness interference or flight.
Bail conditions imposed
The court set strict rules for his release. He must report to police three times a week and allow access to his electronic devices.
Legal background and defamation case
The criminal charges follow a 2023 civil defamation case brought by Roberts Smith against Nine newspapers. The court found, on the balance of probabilities, that some murder allegations had substantial truth.
Upcoming legal battle
The upcoming criminal trial will require proof beyond reasonable doubt, a much higher legal standard than the civil case.
His legal team argues the case is complex and unprecedented in Australia. They also claim intense media coverage could affect his right to a fair trial.
