Australia's most decorated living soldier, Ben Roberts-Smith, will remain in custody after his legal team decided not to seek bail following his arrest on multiple alleged war crimes. The 47-year-old veteran was charged by police on Tuesday with five counts of war crimes, specifically the murder of five civilians in Afghanistan between 2009 and 2012.
Serious Charges and Legal Proceedings
Each charge carries a potential life sentence, reflecting the gravity of the allegations. Police refused Roberts-Smith bail, and he spent Tuesday night at the Silverwater Correctional Complex in Sydney's west. According to local media reports, Roberts-Smith did not appear via video link at an online bail court hearing on Wednesday morning.
His lawyer, Jordan Portokalli, informed the court that he would not be applying for bail and instead sought an in-person hearing for later in the day. Consequently, a bail review hearing was scheduled for April 17 at a courthouse in Sydney.
From National Hero to Accused War Criminal
Roberts-Smith, a veteran of the elite Special Air Services Regiment, was previously hailed as a national hero for his actions during six tours in Afghanistan from 2006 to 2012. He was awarded several top military honours, including the Victoria Cross, the highest military decoration for members of the armed forces of Britain and the Commonwealth.
However, the Australian Federal Police have stated they will allege that his victims were not taking part in hostilities at the time of their deaths. According to police, the victims were detained, unarmed, and under the control of Australian forces when they were killed. Police further allege the victims were either shot by the accused or his subordinates acting on his orders and in his presence.
Investigation and Previous Legal Battles
The charges follow a joint investigation between the AFP and the Office of the Special Investigator, which was established to examine allegations of criminal misconduct by members of Australia's defence force. This investigation began in 2021.
Roberts-Smith has consistently denied allegations of wrongdoing during his service, many of which were first reported by Nine Entertainment newspapers in a series of articles starting in 2018. He unsuccessfully challenged these accusations in court in what became the most expensive defamation trial in Australian history. During that trial, he was found on the balance of probabilities to have been involved in the murder of four Afghan civilians.
The current criminal charges represent a significant escalation in the legal proceedings against the former soldier, whose fall from grace has captured national attention and raised serious questions about Australia's military conduct in Afghanistan.
