Accused war criminal Ben Roberts-Smith has spent his first 24 hours of freedom by returning to his home on the Gold Coast after being released from custody on a $250,000 surety. The 47-year-old former SAS soldier, who is a Victoria Cross recipient, had been held for 10 days at Silverwater prison following his arrest on April 7.
Charges and Bail Conditions
Roberts-Smith faces serious charges of murdering or ordering the murders of five unarmed detainees during his deployment in Afghanistan between 2009 and 2012. He successfully applied for bail at Sydney's Downing Centre Local Court, with Judge Greg Grogin granting his release on Friday.
Despite a special escort as he left jail, photographers briefly blocked the Audi SUV driven by his partner Sarah Matulin before he departed around 5.30pm. Roberts-Smith was seen wearing a blue polo shirt, jeans, and a cap, giving a thumbs up to cameras as he exited the prison.
Return to Gold Coast
On Saturday, Roberts-Smith was spotted once more on the Gold Coast, wearing a baseball cap while sitting in a car on his phone. He looked toward photographers who had gathered to capture his return home, with his parents Len and Sue Roberts-Smith present to welcome him.
The former soldier must surrender his passport and is expected to return to court on June 4. He has been permitted to travel from his residence to Sydney and Perth solely for consultations with his legal team.
Bail Hearing Details
During Friday's hearing, Roberts-Smith—wearing prison-issued green clothing—participated via audiovisual link as the court heard he had made moves to relocate overseas before his arrest. His lawyer, Slade Howell, argued that his client had been under Australian Federal Police surveillance for years and had never attempted to flee the country.
The prosecutor opposed bail, stating that more charges were likely, the Crown's case was 'significant', and Roberts-Smith represented a flight risk due to 'advanced plans' to move overseas. However, Judge Grogin found that refusing bail would likely result in Roberts-Smith spending 'years and years' in custody, delaying trial proceedings and hindering his access to defence materials.
Legal Background and Investigation
Roberts-Smith's arrest follows a five-year joint investigation by the Australian Federal Police and the Office of the Special Investigator. The charges come nearly three years after he lost a defamation action against Nine newspapers, which published reports in 2018 accusing him of being a war criminal.
He is accused under the Commonwealth Criminal Code of shooting dead an unarmed Afghan, murdering another with an SAS comrade, and ordering the execution of three more detainees. Each charge carries a maximum penalty of life imprisonment, though Roberts-Smith has consistently denied involvement in any unlawful killings.
Safety Measures and Future Proceedings
An interim non-publication order has been issued regarding Roberts-Smith's bail address and the police station where he must report. Judge Grogin noted there was a real chance that individuals with strong opinions could use this information to harm Roberts-Smith or those accompanying him.
A full hearing on these orders is scheduled for Thursday. At the conclusion of the bail hearing, Judge Grogin told Roberts-Smith, 'I expect you'll be home tonight,' to which Roberts-Smith replied, 'Thank you, Your Honour.'
