Ben Roberts-Smith granted bail after being charged with alleged war crimes

The 47-year-old is accused of the murder of unarmed civilians while deployed in Afghanistan between 2009 and 2012.

Ben Roberts-Smith appeared via video link at the Downing Centre Local Court in Sydney. Source: AAP / Rocco Fazzari

Key Points

• Alleged war criminal Ben Roberts-Smith has been granted bail.
• Judge Greg Grogin said the bail conditions would mitigate any risk of flight or witness interference.

Alleged war criminal Ben Roberts-Smith has been granted bail despite a court hearing there was a risk of witness tampering.

The 47-year-old former SAS soldier was sensationally arrested on 7 April and charged with murdering five unarmed detainees while deployed in Afghanistan between 2009 and 2012.

He successfully applied for bail while appearing by video link at Sydney's Downing Centre Local Court on Friday.

Roberts-Smith wore prison-issued green clothing while appearing from Silverwater prison, where he has been held.

In front of a packed public gallery, judge Greg Grogin approved the bail bid.

He said bail conditions would mitigate any risk of flight or witness interference.

Earlier on Friday, defence barrister Slade Howell said his client would comply with stringent bail conditions.

Howell highlighted the exceptional nature of a highly respected soldier such as his client facing five counts of war crime murder in a civilian court.

Ben Roberts-Smith's legal team, headed by solicitor Karen Espiner (left) arrive at the Downing Centre Local Court in Sydney. Source: AAP / Dean Sewell

Crown prosecutor Simon Buchen SC opposed bail, saying the charges against Roberts-Smith were gravely serious and the case against him was strong.

While he acknowledged that bail conditions would prevent the 47-year-old from fleeing the country, the prosecutor said they could not prevent the risk of witness tampering.

Roberts-Smith is accused of directly murdering two Afghan individuals and aiding, abetting or procuring the murder of three more.

Former SAS soldier Ben Roberts-Smith was arrested after an investigation into alleged war crimes. Source: AAP / /

War crime allegations against Roberts-Smith were first exposed by the now Nine-owned Fairfax Media in 2018.

The war veteran sued the paper for defamation in the Federal Court but was unsuccessful, with a judge finding the accusations of murder were, on the balance of probabilities, true.

He failed to overturn these findings on appeal to the full Federal Court and the High Court.

This is a developing story and this article will be updated.

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