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Medal-winning veteran Ben Roberts-Smith released on bail in Sydney after Afghan war crimes charges

Australia's most decorated living veteran has been released on bail after being charged with war crimes linked to the Afghanistan war more than ‌a decade ago.

Last week, police arrested Ben Roberts-Smith, 47, over the alleged murder of five unarmed Afghan civilians between 2009 and 2012.

The former Special Air Service Regiment corporal, who was awarded the Victoria Cross and the Medal of Gallantry for his service in Afghanistan, has consistently denied any wrongdoing.

At a court in Sydney on Friday, Judge Greg Grogin granted Roberts-Smith bail and ruled there were exceptional circumstances to justify his release from custody.

Roberts-Smith was charged on 7 April with five counts of war crime murder, which is defined as intentionally killing someone who is not an active part of hostilities during an armed conflict.

Each charge ​carries a maximum term of life in jail and he has yet to enter pleas.

Prosecutors had opposed bail and argued there was a risk that, if Roberts-Smith was released from prison in Sydney, he would flee Australia or interfere with witnesses and evidence.

Roberts-Smith, who ‌appeared via video link at the hearing, was required to provide a bail surety of $250,000 (£132,525) and refrain from contacting any prosecution witnesses, in addition ‌to travel restrictions.

Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, of whom 41 were killed.

Roberts-Smith is accused of personally shooting dead two victims and allegedly ordering subordinates to shoot three other victims.

Read more from Sky News:
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Afghan women 'forgotten' under Taliban

During a defamation case in 2023, Roberts-Smith said he had never killed an unarmed Afghan and denied ever committing a war crime.

He claimed he was the victim of spiteful fellow soldiers' lies and of others' envy of his medals.

During that case, and his subsequent failed appeal, a judge rejected his claims that newspaper articles defamed him and found war crimes allegations were mostly proven on a balance of probabilities.

In Australia, a criminal trial requires a higher standard of proof, defined as beyond a reasonable doubt.

Sky News

(c) Sky News 2026: Medal-winning veteran Ben Roberts-Smith released on bail in Sydney after Afghan war crimes

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