Australian former soldier gets bail on Afghanistan war crime charges

In a development that has sent shockwaves through Australia, Ben Roberts-Smith, once lauded as the nation's most decorated soldier, has been granted bail following his arrest on charges of war crimes. The allegations, which stem from his deployment in Afghanistan over a decade ago, accuse Roberts-Smith of the murder of five unarmed Afghan civilians between 2009 and 2012. Each charge carries a potential life sentence, underscoring the gravity of the accusations.

The decision to grant bail, made by Judge Greg Grogin, was based on exceptional circumstances, including the likelihood that the legal proceedings will span several years. The judge emphasized that bail is not punitive and that Roberts-Smith is entitled to the presumption of innocence, despite the serious nature of the charges if proven. However, prosecutors had opposed bail, citing fears that Roberts-Smith might interfere with witnesses.

As part of his bail conditions, Roberts-Smith faces stringent travel restrictions and is prohibited from contacting any prosecution witnesses. He spent over a week in custody before his legal team secured the bail review hearing. Roberts-Smith has consistently denied all accusations, many of which were initially brought to light by a series of investigative articles starting in 2018. The Australian Federal Police allege that the victims were detained, unarmed, and under the control of Australian forces when they were killed, either by Roberts-Smith or subordinates acting on his orders. This case continues to cast a long shadow over Australia's military operations and its commitment to accountability.

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Bail was 'not punitive in nature,' ... adding that the veteran of the elite Special Air Service Regiment was entitled to a presumption of innocence, though the charges were serious if proved, media said.