Ben Roberts-Smith, Australia's most decorated living soldier, has been granted bail. The decision, made at Sydney's Downing Centre Local Court on Friday, comes despite previous court findings indicating a risk of witness tampering. His legal team asserted that strict bail conditions would mitigate any perceived flight risk or interference with witnesses.
Roberts-Smith faces five counts of war crime murder related to his service in Afghanistan between 2009 and 2012. He was arrested at Sydney Airport on Tuesday. The charges follow investigations, including those highlighted in the 'Brereton Report', which recommended compensation for victims of unlawful killings by Australian special forces.
The charges against Roberts-Smith are significant as they represent one of the few instances where an Australian veteran of the Afghanistan campaign has been formally charged with war crimes under Australian law. A conviction for war crime murder carries a potential life sentence.
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Bail Conditions and Legal Battles
While granted bail, Roberts-Smith is subject to stringent conditions, which reportedly include daily reporting to police and a night curfew. These conditions are intended to address concerns about potential witness interference, a point previously raised in the Federal Court. Roberts-Smith's previous attempts to overturn these findings on appeal to the Full Federal Court and the High Court were unsuccessful. His defence barrister indicated his client would comply with these stringent bail terms.
Roberts-Smith was previously involved in a high-profile defamation case against three newspapers that accused him of war crimes. In that civil case, a Federal Court judge found, on the balance of probabilities, that Roberts-Smith had participated in at least four murders. This judgment was upheld on appeal. The evidence presented in that trial included testimony from over 40 witnesses, ranging from Afghan villagers to current and former SAS soldiers.
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Background of Allegations
The allegations against Roberts-Smith, a former member of the elite Special Air Service Regiment (SAS), include involvement in murders, kicking a handcuffed prisoner off a cliff, and using a prosthetic leg as a drinking vessel. These details emerged partly from his own defamation lawsuit, which inadvertently brought many alleged war crimes to light. The criminal charges were laid more than a decade after the alleged events, a delay attributed to the inherent difficulties in conducting investigations in war zones and the higher legal standards required for criminal prosecutions.
Rights groups have broadly welcomed the arrest as a crucial step towards accountability for victims of abuses in Afghanistan. The Australian War Memorial has indicated it will review its exhibit dedicated to Roberts-Smith in light of these developments. Meanwhile, the legal proceedings continue, with Roberts-Smith due to appear in court again on April 17, potentially via video link.
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