A high-profile former Australian serviceman will remain behind bars after his legal representatives chose not to request bail following his arrest on multiple war crime charges, local media reported.
Police apprehended Ben Roberts-Smith, 47, and charged him with five counts of war crimes, each count relating to the alleged murder of a civilian in Afghanistan during operations spanning 2009 to 2012. Each of the five charges carries a potential maximum penalty of life imprisonment.
After being refused bail, Roberts-Smith was taken to the Silverwater Correctional Complex in western Sydney, where he remained overnight. He did not participate via video link in a subsequent bail hearing, according to reports.
At the hearing, lawyer Jordan Portokalli informed the court that no application would be made at that time for Roberts-Smith's release from custody. Instead, Portokalli sought an in-person hearing later in the day. Judge Lucas Swan ordered that the matter be mentioned again on June 4. Absent an earlier successful application to move the timetable, the order means Roberts-Smith will stay in custody until that date.
Roberts-Smith is a veteran of the Special Air Service Regiment and served six tours in Afghanistan between 2006 and 2012. During his military career he received multiple honours, including the Victoria Cross, the highest military decoration awarded to members of the armed forces of Britain and the Commonwealth, and had been widely celebrated for his conduct on those deployments.
The Australian Federal Police (AFP) said they will allege at trial that the individuals who died were not participating in hostilities at the time of their deaths. Police allege those victims were detained, unarmed and under the control of Australian forces when they were killed. The AFP also intends to allege that the victims were either shot by the accused or by subordinates acting on his orders and in his presence.
The five charges stem from a joint investigation conducted by the AFP and the Office of the Special Investigator. That probe, which focuses on allegations of criminal misconduct by members of Australia’s defence force, began in 2021.
Roberts-Smith has repeatedly denied any wrongdoing during his service. Many of the allegations were first published by Nine Entertainment outlets beginning in 2018. He later mounted a legal challenge to the accusations in what became the most costly defamation trial in Australian history, and a court found on the balance of probabilities that he had been involved in the killing of four Afghan civilians.
Key developments to watch:
- Court mention scheduled for June 4, which will determine whether Roberts-Smith remains in custody or secures an earlier hearing.
- AFP and Office of the Special Investigator will present allegations that the victims were detained and unarmed when killed, and that the accused or his subordinates carried out the shootings.