Top Australian soldier charged with war crimes to remain in jail after bail hearing
Top Australian soldier charged with war crimes to remain in jail after bail hearing
Ben Roberts-Smith, Australia’s most-decorated living soldier, will stay in custody following a bail hearing where his legal team opted not to pursue release. The 47-year-old was detained at Sydney Airport on Tuesday and faces five murder charges related to alleged war crimes in Afghanistan. His lawyers did not immediately request bail, leaving him in a police cell for further proceedings.
Defamation Case Context
The criminal case arises from a 2023 defamation ruling that found Roberts-Smith, a recipient of the Victoria Cross, had killed multiple unarmed Afghans between 2009 and 2012. This marked the first time a court examined claims of war crimes by Australian forces. The judge in that case determined the allegations were likely true, based on the balance of probabilities, despite Roberts-Smith’s denial of wrongdoing.
“The victims were shot by the accused or by ADF members under their orders,” stated AFP Commissioner Krissy Barrett during Tuesday’s announcement. She emphasized that misconduct was limited to a small part of the Defence Force, while most of the country’s armed forces “do our country proud.”
Criminal Charges and Legal Arguments
Roberts-Smith now faces a range of criminal charges, including one count of murder, one of joint commission, and three of aiding or abetting a killing. The maximum sentence possible is life imprisonment. His legal team argued in the defamation case that the killings occurred during combat or were not actual events, citing the lower burden of proof in civil courts. However, the criminal case demands stricter evidence.
A local Sydney court judge set the next hearing for 4 June, requiring Roberts-Smith to attend via video link. His lawyers have expressed intent to seek an earlier date for the proceeding, signaling their strategy as the case progresses. The AFP confirmed the investigation was comprehensive, highlighting the gravity of the accusations against the veteran SAS soldier.
