Ben Roberts-Smith has been released on bail following his arrest and charges related to murder war crimes. A court in Sydney has indicated that the legal proceedings are expected to take several years to conclude.
The 47-year-old war veteran was taken into custody last week at Sydney Domestic Airport and faces five counts of murder related to alleged incidents that occurred in Afghanistan in 2009 and 2012. Family members, including his parents, were present during the court hearing, where a number of supporters also gathered outside.
During the hearing, Roberts-Smith’s legal team described the case as unprecedented, navigating “uncharted legal territory” and expressing concerns that the complexities of the case could lead to a lengthy process filled with unexpected developments. They argued that it would be unfair for Roberts-Smith to defend himself while still in custody.
Prosecutors opposed the bail request, emphasizing the serious nature of the charges and raising concerns about the potential for Roberts-Smith to flee or tamper with witnesses and evidence. Judge Greg Grogin of the Local Court acknowledged the lengthy timeline anticipated for the case but ultimately granted bail, stating that the prosecutors’ concerns could be addressed through stringent conditions set by the defense.
Roberts-Smith has not yet entered a plea regarding the criminal charges. He previously denied similar allegations during a defamation trial against Nine newspapers, which he ultimately lost. The standards for proving the allegations in the current criminal case differ significantly, as prosecutors must establish their claims beyond a reasonable doubt.
The judge recognized the seriousness of the charges but clarified that granting bail was not a punitive measure. He noted “exceptional circumstances,” particularly due to the expected duration of the legal proceedings. Additionally, the judge highlighted the fundamental right of defendants to be informed of the evidence against them and how the classification of materials could affect Roberts-Smith’s ability to prepare his defense.
Roberts-Smith appeared via video link from the Silverwater Correctional Complex, dressed in a green prison uniform, and listened attentively to the bail arguments while his parents, Len and Sue Roberts-Smith, observed from the public gallery.
Outside the courthouse, several supporters, including fellow veteran Trevor Stewart, expressed their belief that the federal government was not adequately supporting Australian servicemen and women. Stewart voiced his disappointment with the proceedings, saying, “I just think it is really unfair. I’m not angry, I’m just disappointed.”
