Additional Coverage:
- Australia’s most decorated veteran granted bail on war crimes charges related to Afghan deaths (apnews.com)
MELBOURNE, Australia – Ben Roberts-Smith, Australia’s most highly decorated living veteran, was granted bail Friday, ten days after being charged with war crimes related to the deaths of five individuals during his deployment in Afghanistan.
In a Sydney courtroom, Judge Greg Grogin determined that Roberts-Smith, a former corporal in the Special Air Service Regiment (SAS), had demonstrated exceptional circumstances warranting his release from custody. This decision came despite strong opposition from prosecutors, who expressed concerns that Roberts-Smith might flee the country or attempt to tamper with witnesses and evidence.
Roberts-Smith, 47, was arrested on April 7 and faces five counts of war crime murder. The charges allege that he was involved in the killings of five Afghan civilians and prisoners in Uruzgan province between 2009 and 2012. Under Australian law, war crime murder is defined as the intentional killing of a person not actively participating in hostilities, including civilians, prisoners of war, or wounded soldiers.
Notably, Roberts-Smith was awarded both the Victoria Cross and the Medal of Gallantry for his service in Afghanistan. He is only the second Australian veteran from the Afghanistan conflict to be charged with a war crime.
These charges follow a 2020 military report revealing evidence that elite SAS and commando troops unlawfully killed 39 Afghan prisoners, farmers, and other noncombatants. Over 40,000 Australian military personnel served in Afghanistan from 2001 to 2021, with 41 fatalities.
In 2023, a civil court case found similar allegations against Roberts-Smith credible when it ruled against his defamation claims against newspapers reporting on the matter. During that trial, Roberts-Smith denied ever killing an unarmed Afghan or committing war crimes, attributing the accusations to jealousy and falsehoods spread by fellow soldiers.
While the civil court judged the war crime allegations likely true on a balance of probabilities, the criminal charges now require proof beyond a reasonable doubt.
According to the accusations, Roberts-Smith personally shot two victims and ordered subordinates to kill the other three.
Prosecutor Simon Buchen described the charges as among the most severe under criminal law and noted that Roberts-Smith had been preparing to relocate overseas without notifying authorities when he learned that charges were being considered. Buchen explained that Roberts-Smith had “advanced plans” to move abroad, with several destinations under consideration.
Roberts-Smith faces a maximum sentence of life imprisonment for each charge and has yet to enter a plea.
Defense lawyer Slade Howell characterized Roberts-Smith’s case as “exceptional” and unprecedented, emphasizing the complexities of prosecuting alleged war crimes committed by a decorated Australian soldier operating overseas under government orders. Howell also warned that the proceedings could face significant delays, particularly if additional charges are brought against fellow veterans, some of whom reside abroad.
Roberts-Smith participated in the bail hearing via video link, speaking only to confirm he could see and hear the court proceedings.