Ben Roberts‑Smith, Australia’s most decorated living veteran, was granted bail in Sydney after being charged with five counts of war crime murder relating to killings in Uruzgan province in 2009 and 2012. The 47‑year‑old, a Victoria Cross and Medal of Gallantry recipient, was arrested on April 7 and faces possible life sentences if convicted. The charges follow a 2020 military inquiry that found evidence of unlawful killings by elite units and a 2023 civil finding that similar allegations were credible. Prosecutors warned of flight and witness‑interference risks; defence lawyers described the prosecution as unprecedented and likely to face delays.
Ben Roberts‑Smith Granted Bail in High‑Profile War‑Crimes Case Over Afghan Deaths
FILE - Ben Roberts-Smith arrives at the Federal Court in Sydney, Australia, on June 9, 2021. (AP Photo/Rick Rycroft, File)(ASSOCIATED PRESS)
Ben Roberts‑Smith, Australia’s most decorated living veteran, was granted bail on Friday after being charged with five counts of war crime murder linked to killings in Afghanistan in 2009 and 2012.
Judge Greg Grogin told a Sydney court that the former Special Air Service Regiment corporal had established "exceptional circumstances" that justified his release from custody. Prosecutors opposed bail, arguing there was a real risk Roberts‑Smith could flee Australia or attempt to interfere with witnesses and evidence.
Charges and Allegations
Roberts‑Smith, 47, was arrested on April 7 and faces five counts of war crime murder relating to the deaths of five Afghans in Uruzgan province. Under Australian law, a war crime murder is the intentional killing in an armed conflict of a person not actively participating in hostilities — for example, a civilian, prisoner of war or wounded combatant.
Prosecutors allege Roberts‑Smith personally shot two victims and ordered subordinates to kill three others. If convicted, he faces a potential maximum sentence of life imprisonment on each count. He has not yet entered pleas.
FILE - Britain's Queen Elizabeth II greets Corp. Ben Roberts-Smith from Australia, who was recently awarded the Victoria Cross, during an audience at Buckingham Palace in London, Nov. 15, 2011. (Anthony Devlin/Pool via AP, File)(ASSOCIATED PRESS)
Background: Military Inquiry and Civil Trial
The criminal charges follow a 2020 Australian Defence Force inquiry that found evidence suggesting members of elite SAS and commando units unlawfully killed 39 Afghan prisoners, farmers and other noncombatants. Between 2001 and 2021, roughly 40,000 Australian personnel served in Afghanistan; 41 service members died during that deployment.
Allegations against Roberts‑Smith were also considered in a 2023 civil defamation case. In that trial, a judge found similar claims credible on the balance of probabilities and dismissed Roberts‑Smith’s libel claims against newspaper articles. Roberts‑Smith denied killing an unarmed Afghan or committing a war crime, and told the court he had been the victim of lies by jealous colleagues.
Legal Stakes and Court Arguments
In the bail hearing, prosecutor Simon Buchen described the allegations as "among the most serious known to the criminal law" and told the court Roberts‑Smith had been preparing to relocate overseas after learning prosecutors were considering charges. Defence counsel Slade Howell argued the case was "exceptional" and legally novel, saying it is unprecedented in Australia to prosecute alleged wartime acts by a highly decorated soldier repeatedly deployed on behalf of the government.
"The use of domestic courts to prosecute alleged war crimes committed by a highly decorated Australian soldier is unprecedented," Howell told the court, noting the proceedings may be subject to lengthy and unusual delays, particularly if other veterans are charged.
Roberts‑Smith participated in the bail hearing by video link and spoke only to confirm he could see and hear the proceedings when asked by the judge.
What Comes Next
The case will proceed through the criminal justice system, where prosecutors must prove the charges beyond a reasonable doubt — a higher standard than the civil court’s balance of probabilities finding. The timeline for any trial remains uncertain, especially if additional charges are laid or if witnesses live overseas.
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