Australian war veteran released on bail in Afghanistan war crimes case

Australian war veteran Ben Roberts-Smith has left Sydney’s Silverwater Correctional Complex after being granted bail over alleged war crimes, following more than a week in custody.

The 47-year-old departed the facility in a vehicle with blacked-out windows shortly after 5:30pm on April 17, accompanied by escort vehicles that blocked pursuing media, Caliber.Az reports per foreign media. 

Roberts-Smith was arrested at Sydney Domestic Airport last week and charged with five counts of murder allegedly committed in Afghanistan in 2009 and 2012. He has not entered pleas and continues to deny the allegations.

His legal team told a Sydney court that the case was unprecedented and involved “uncharted legal territory,” arguing that proceedings could take years and that his right to a fair trial would be compromised if he remained in custody.

The Crown opposed bail, citing the seriousness of the charges, including risks of flight and potential interference with witnesses or evidence.

Local Court Judge Greg Grogin acknowledged the scale and complexity of the case, noting it could take “years and years” to reach trial. He granted bail, saying concerns raised by prosecutors could be addressed through strict conditions.

Roberts-Smith, who was awarded Australia’s Victoria Cross in 2011 for bravery during his service in Afghanistan, has faced longstanding allegations linked to Australia’s special forces operations. A 2020 military report raised claims of extrajudicial killings and other serious misconduct, while a 2023 civil ruling found that many published allegations about him were “largely true.”

If convicted, he faces life imprisonment.

By Sabina Mammadli