Former SAS soldier Ben Roberts-Smith has been granted bail in Sydney after spending more than a week in custody on war crime charges, in a case that a court heard could take years to resolve.
The 47-year-old was arrested at Sydney Domestic Airport on 7 April and charged with five counts of the war crime of murder over alleged conduct in Afghanistan between 2009 and 2012. The Commonwealth Director of Public Prosecutions says the case alleges the deaths of five Afghan nationals who were not taking an active part in hostilities, with each charge carrying a maximum penalty of life imprisonment.
At Friday’s bail hearing in Downing Centre Local Court, Roberts-Smith’s legal team argued the case involved unusual complexity, major national security issues and a volume of material that would make it difficult for him to prepare his defence from custody. Prosecutors opposed bail, citing the grave seriousness of the allegations and concerns about flight risk and the possibility of interference with witnesses or evidence.
Local Court Judge Greg Grogin ultimately granted bail, finding there were “exceptional circumstances” in part because of the length of time the matter is expected to take as it moves through the courts.
The judge also referred to the need for Roberts-Smith to understand and respond to material presented against him, including the challenges posed by handling sensitive and non-sensitive evidence. He said bail was not punitive in nature and found the prosecution’s concerns could be managed through strict conditions proposed by the defence.
Roberts-Smith has not yet entered pleas in the criminal matter. He has previously denied the allegations, including during his failed defamation case against Nine newspapers. ABC reported the court was told that the civil case involved a different legal test from the criminal proceedings now before the courts, where prosecutors must prove the allegations beyond a reasonable doubt.
The Victoria Cross recipient appeared via video link from Silverwater Correctional Complex, wearing a green prison jumper, while his parents, Len and Sue Roberts-Smith, sat in the front row of the public gallery. Supporters also gathered outside the courthouse and Silverwater on Friday as the high-profile case returned to court.
According to the CDPP, the prosecution brief is due to be served by 24 May, and the matter is next listed at Downing Centre Local Court on 4 June for a committal mention.
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