Top Australian soldier charged with war crimes to remain in jail after bail hearing
Top Australian Soldier Remains in Custody After Bail Hearing on War Crime Charges
Ben Roberts-Smith, the most decorated living Australian military officer, has not been granted bail following a hearing in his criminal case. His legal team chose not to pursue an immediate release, as the charges of alleged war crimes in Afghanistan remain under scrutiny. The 47-year-old was detained at Sydney Airport earlier this week and charged with five counts of murder, subsequently placed in a police holding cell.
Defamation Case Led to War Crime Allegations
Roberts-Smith, a recipient of the Victoria Cross, is now facing criminal charges after a 2023 defamation ruling acknowledged claims he killed several unarmed Afghans between 2009 and 2012. The civil court proceedings, initiated by the former SAS corporal, marked the first time a court examined war crime accusations against Australian forces. The judge found the allegations likely true, based on the balance of probabilities.
“It will be alleged the victims were shot by the accused or by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” AFP Commissioner Krissy Barrett stated on Tuesday. She emphasized that misconduct allegations were limited to a small portion of the armed forces, praising the majority for their service to the nation.
Criminal Charges and Potential Penalties
Currently, Roberts-Smith faces one murder charge, one count of jointly committing murder, and three charges related to aiding, abetting, or procuring a murder. The maximum penalty for these accusations is life imprisonment. The Australian Federal Police confirmed the case involved a meticulous investigation, underscoring its complexity.
Next Court Date Set via Video Link
A Sydney local court judge has scheduled the next hearing for 4 June, requiring Roberts-Smith to appear via video conference. His legal representatives have expressed intent to request an expedited timeline, aiming to address the case before the upcoming date.
