Ben Roberts Smith Bail: Judge Grants Release in Sydney War Crimes Case
Ben Roberts Smith bail was granted in Sydney on Friday after a court heard arguments over the risk of witness tampering and flight. The 47-year-old former SAS soldier, who has been charged with murdering five unarmed detainees in Afghanistan between 2009 and 2012, appeared by audiovisual link from Silverwater prison at Downing Centre Local Court. Judge Greg Grogin approved the application in front of a packed public gallery, saying conditions would reduce the risks raised by prosecutors.
Judge cites conditions as Ben Roberts Smith bail is approved
The decision means Ben Roberts Smith bail will allow the former soldier to leave custody while he awaits a trial date that is still some time away. The court heard that he was arrested on April 7 and is facing five counts of war crime murder in a civilian court.
Roberts-Smith wore prison-issued green clothing during the hearing. Defence barrister Slade Howell told the court his client would comply with strict bail conditions, despite earlier Federal Court findings that he had threatened or interfered with witnesses.
Crown prosecutor Simon Buchen SC opposed the release, saying the charges were gravely serious and the case against Roberts-Smith was strong. He accepted that bail conditions would prevent him from leaving the country, but said they could not remove the risk of witness tampering. In court, he pointed to evidence that emerged in the Federal Court defamation trial, including threatening witnesses, distorting evidence and using burner phones to evade authorities.
What the court heard about the allegations
Ben Roberts Smith bail comes in a case where he is accused of directly murdering two Afghan individuals and aiding, abetting or procuring the murder of three more. The allegations were first exposed in 2018, and the war veteran later sued for defamation in the Federal Court, but a judge found the murder claims were true on the balance of probabilities. He later failed to overturn those findings on appeal to the full Federal Court and the High Court.
Judge Grogin said the bail conditions would mitigate the risk of flight or witness interference. The court also heard arguments that there were exceptional circumstances for release, including the length of time it would take for the matter to reach trial and limited access to potentially sensitive evidence while Roberts-Smith remains in custody.
Immediate reaction in court and what happens next
Inside the courtroom, the ruling landed after a hearing marked by sharp disagreement over whether the risks could be managed. The prosecution maintained that the concerns were too serious to overlook, while the defence argued that tightly controlled conditions would be enough to secure compliance.
For now, Ben Roberts Smith bail sets up the next stage of a case that is already among the most closely watched in Australia. The immediate focus will be on the exact terms of release and the timeline toward trial, with the court having signaled that the case will remain under intense scrutiny.
