Arabic version: تم منح بن روبرتس-سميث الإفراج بكفالة في قضية جرائم الحرب

Ben Roberts-Smith, Australia’s most decorated living soldier, has been granted bail following allegations of war crimes. The former corporal of the Special Air Service (SAS) Regiment was taken into custody last week and faces five counts of the war crime of murder related to the deaths of unarmed Afghan detainees between 2009 and 2012. He denies all allegations against him.

According to BBC News, during a bail application, Roberts-Smith’s lawyers argued that the case’s unprecedented nature would lead to significant delays, hindering his ability to mount a proper defense. Judge Greg Grogan acknowledged the exceptional circumstances of the case and set specific bail conditions to mitigate concerns regarding flight risk and potential interference with witnesses or evidence.

As part of the bail conditions, Roberts-Smith must report to police three times a week, allow access to his electronic devices, and surrender his passport before being released from Silverwater Prison in Sydney. The criminal proceedings follow a 2023 civil defamation case, where a judge found substantial truth in the allegations against him.

Prosecutors contended that Roberts-Smith should remain in custody due to the serious nature of the charges and the strength of their case, citing previous adverse findings from the defamation trial. They expressed concerns about his potential flight risk and the possibility of interference with ongoing investigations. The case is expected to face complex legal challenges and may be further complicated if additional soldiers are charged in connection with the incidents.