Ben Roberts-Smith Granted Bail on Afghan War Crime Charges

Australia's most decorated living soldier, Ben Roberts-Smith, was granted bail on Friday after being charged with five counts of war crime murder related to his service in Afghanistan between 2009 and 2012. The charges allege that Roberts-Smith killed or ordered the killing of unarmed Afghan detainees during his time as a corporal in Australia's Special Air Service.

Roberts-Smith, who received the Victoria Cross for his service, appeared in court via video link from Sydney's Silverwater Prison. Judge Greg Grogin imposed strict bail conditions, including requiring Roberts-Smith to report to police three times a week, submit to inspections of his electronic devices, and forfeit his passport. His father offered to pay a surety of $250,000 (U.S. $180,385) for his release.

Speaking publicly after being released on bail, Roberts-Smith denied the allegations against him and expressed pride in his service. He stated that he would use this opportunity to clear his name, maintaining that he always acted within the rules of engagement in Afghanistan. The former Special Air Service (SAS) corporal has consistently denied the accusations of wrongdoing.

The allegations against Roberts-Smith were first detailed in Australian media in 2018. He subsequently filed a defamation suit, but the federal court ruled in 2023 that he was responsible for the deaths of unarmed Afghans. The criminal case will be tested to a higher standard—beyond reasonable doubt—and is expected to face significant delays due to its complexity and national security concerns.

Roberts-Smith's lawyers argued that keeping him imprisoned would harm his ability to mount a proper defense. Prosecutors opposed bail, citing the serious nature of the charges and the risk of flight or interference with witnesses. Judge Grogin acknowledged the exceptional circumstances of the case but granted bail, stating that Roberts-Smith was likely to spend 'years and years' in custody before a trial.

During his public statement after being released on bail, Roberts-Smith described his arrest as a "sensational" and "unnecessary spectacle". He stated: "I understand this journey will be difficult. But I can promise everybody that I have never run from a fight in my life." The criminal case against him includes one charge of the war crime of murder, one of jointly commissioning a murder, and three of aiding, abetting, counselling or procuring a murder.

The case follows a military report released in 2020 that found evidence of unlawful killings by elite Australian SAS and commando regiment troops. Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, with 41 killed during the conflict.