Ben Roberts-Smith Granted Bail on War Crimes Charges

Ben Roberts-Smith has been granted bail with travel restrictions after being charged with five war crimes over alleged killings in Afghanistan. He denies the charges.

An Australian court has granted bail with strict travel restrictions to Ben Roberts-Smith, one of the country’s most decorated living soldiers, after he was charged with multiple war crimes linked to his deployment in Afghanistan. The decision comes shortly after formal charges were brought against him, and it marks an important procedural step in a case that has drawn significant national and international attention.
Police allege that Roberts-Smith is responsible for five counts of war crimes involving the killing of five unarmed Afghan civilians in Uruzgan province between 2009 and 2012. He has strongly denied all allegations, maintaining that he did not unlawfully kill any civilians during his military service and insisting that he is being wrongly accused.
If convicted, he faces a maximum penalty of life imprisonment under Australian law. Despite the seriousness of the charges, Judge Greg Grogin ruled that Roberts-Smith is still entitled to the presumption of innocence. The judge also noted that the case is expected to take several years before it reaches trial, and said this delay, combined with other factors, amounted to “exceptional circumstances” that justified granting bail.
As part of the bail conditions, Roberts-Smith was ordered to remain within Australia and comply with strict travel restrictions designed to prevent him from leaving the country. He was also required to pay a surety of A$250,000, a financial guarantee intended to ensure his compliance with court conditions and attendance at future proceedings.
Prosecutors had strongly opposed the bail application. They argued that Roberts-Smith posed both a flight risk and a potential risk to the integrity of the investigation, including concerns that he could interfere with witnesses or evidence. Prosecutor Simon Buchen described the allegations as “among the most serious known to the criminal law” and further claimed that Roberts-Smith had been on the verge of relocating overseas without notifying authorities after becoming aware that charges were likely.
The case forms part of a broader investigation into alleged misconduct by Australian special forces during the Afghanistan conflict. A landmark 2020 military inquiry found credible evidence suggesting that elite SAS and commando units unlawfully killed 39 Afghan prisoners, farmers, and other non-combatants. Within this wider context, Roberts-Smith is specifically accused of personally shooting two victims and ordering subordinates to kill three others, allegations that place him at the centre of one of the most significant war crimes investigations in Australia’s modern military history.
The legal proceedings are also informed by a separate 2023 civil defamation case, in which a court found that similar allegations against Roberts-Smith were credible on the balance of probabilities. In that case, the court rejected his claim that media reports about the alleged killings had defamed him. However, the current criminal case operates under a much higher legal standard, requiring proof beyond reasonable doubt before any conviction can be made.
Throughout both proceedings, Roberts-Smith has consistently denied wrongdoing. He has testified that he never killed unarmed Afghan civilians and has accused former colleagues of making false allegations against him, suggesting that personal grievances and jealousy over his military honours may have influenced their statements.
The upcoming criminal trial is expected to be lengthy and closely followed, given the gravity of the allegations, Roberts-Smith’s decorated military background, and the wider implications for Australia’s conduct during the Afghanistan war.