07/05/2026
One month ago, former SAS soldier and Victoria Cross recipient Ben Roberts-Smith was arrested by the AFP at Sydney Airport and charged with five counts of the war crime of murder, allegedly committed in Afghanistan between 2009 and 2012. Prosecutors allege the victims were unarmed Afghan civilians or detainees. Each charge carries a maximum penalty of life imprisonment.
After spending over a week at Silverwater Correctional Complex, bail was granted on 17 April by Local Court Judge Greg Grogin. The court imposed strict conditions, including a $250,000 surety, three times weekly police reporting, travel restrictions, approved electronic devices accessible to authorities, and limited contact with witnesses and connected persons.
Under Australian law, war crimes committed by Australian military personnel overseas fall within the reach of Commonwealth legislation, meaning Australian courts have the power to hear the matter regardless of where it took place. The proceedings are being heard at the Downing Centre in Sydney, as Roberts-Smith was arrested by AFP officers at Sydney Airport upon his arrival from Brisbane and subsequently held at Silverwater Correctional Complex.
The previous defamation trial, which resulted in findings that the murder allegations were "substantially true," also largely took place in NSW, and investigations by the Office of the Special Investigator led to the Sydney based arrest.
While the prosecution opposed bail, calling the allegations "gravely serious" and flagging significant risks of flight and witness interference, the defence highlighted the case's complexity and likely extended timeline, pointing to fellow former SAS soldier Oliver Schulz, charged with one count of war crime murder in 2023, who remains awaiting trial. They argued it would be unfair to keep Roberts-Smith in custody through what may be protracted and legally uncharted proceedings.
The court ultimately found the risks, while serious, could be managed through strict conditions rather than continued detention.
These proceedings highlight the complexity and nuance of bail in NSW. For more on how NSW bail laws work, visit our website. ⚖️
