Top Australian soldier charged with war crimes to remain in jail after bail hearing
Australia’s Most Honored Soldier Faces War Crimes Charges Without Bail
Ben Roberts-Smith, the nation’s most decorated living soldier, has been denied bail following a hearing in which his legal team chose not to seek release. The 47-year-old was apprehended at Sydney Airport on Tuesday and charged with five counts of the war crime of murder. He was subsequently moved to a police holding cell. On Wednesday, the judge overseeing the case ruled against bail, with his attorneys opting not to immediately apply for it.
Defamation Case Unfolds
The criminal proceedings stem from a 2023 defamation judgment that concluded Roberts-Smith, a recipient of the Victoria Cross, had killed multiple unarmed Afghan civilians between 2009 and 2012. This marks the first instance in history where a court examined allegations of war crimes by Australian military personnel. Roberts-Smith initiated the defamation case, which was handled in the civil court system, requiring a lower standard of proof compared to criminal trials.
“On the balance of probabilities, there was substantial truth to the allegations of war crimes,” stated the judge in the defamation case, referencing the evidence that supported claims of Roberts-Smith’s misconduct.
Criminal Charges and Potential Penalties
Roberts-Smith now faces three distinct charges in the criminal case: one for murder, another for jointly commissioning a murder, and three for aiding, abetting, or encouraging the act. The maximum sentence for these charges is life imprisonment. The Australian Federal Police (AFP) confirmed the case involved a detailed and extensive investigation.
“AFF Commissioner Krissy Barrett noted on Tuesday that the allegations claim victims were shot either by the accused or by subordinates of the Australian Defence Force (ADF), acting under his orders.”
Barrett also emphasized that the misconduct in question pertains to a “very small section” of the ADF, while the majority of the country’s armed forces “do our country proud.” The next court date has been set for 4 June, with Roberts-Smith required to appear via video link. His legal representatives indicated they plan to request a more expedited hearing.
