Roberts-Smith gets bail in Australia over Afghan war crimes

Ben Roberts-Smith, Australia’s most decorated living war veteran, has been granted bail following charges of war crimes linked to the killings in Afghanistan. The decision by a Sydney court came just ten days after the 47-year-old was formally accused of murdering five unarmed Afghan civilians during his deployment between 2009 and 2012. The case is considered one of the most prominent in the nation.

Despite the gravity of the charges, Judge Greg Grogin emphasized that Roberts-Smith retained the right to the presumption of innocence. The judge noted the trial could span “years,” making the bail conditions necessary. Roberts-Smith must pay a surety of A$250,000 and face travel restrictions while the legal process continues.

“Among the most serious known to the criminal law,” stated prosecutor Simon Buchen, who opposed bail. He also claimed Roberts-Smith was “on the cusp of relocating overseas” without notifying authorities after learning of the potential charges.

Roberts-Smith denies the allegations, asserting that he never targeted an unarmed Afghan and that the accusations stemmed from jealousy over his military honors. During a 2023 civil trial, similar claims were deemed credible, though the criminal case requires proof beyond reasonable doubt.

The charges arise from a 2020 military report that uncovered evidence of 39 non-combatants killed by elite SAS troops. Roberts-Smith is accused of shooting two victims directly and instructing subordinates to kill three others. Over 39,000 Australian military personnel participated in Afghanistan as part of US- and NATO-led operations against the Taliban.