Ben Roberts-Smith granted bail over war crimes murder charges

Former Australian soldier Ben Roberts-Smith has been granted bail after being charged with five counts of war crime murder related to alleged killings in Afghanistan.

Roberts-Smith, 47, was arrested at Sydney Domestic Airport last week and has spent over ten nights in custody at Silverwater remand prison.

The charges relate to incidents alleged to have occurred in 2009 and 2012 during his service with the Australian Special Air Service (SAS) Regiment.

The Sydney Downing Centre local court heard that the legal proceedings are expected to be unprecedented and could take years to resolve.

Judge Greg Grogin granted bail under strict conditions, citing exceptional circumstances including the likely lengthy duration of the case.

The Crown opposed bail, highlighting the serious nature of the charges and concerns about Roberts-Smith potentially fleeing or interfering with witnesses and evidence.

Prosecutors argued he was on the verge of relocating overseas and had withheld this information from authorities.

Roberts-Smith has denied all allegations.

He has not yet entered pleas in the criminal case but previously lost a defamation case related to similar claims, where a judge found "substantial truth" to some of the murder allegations on the balance of probabilities.

The criminal standard of proof is higher, requiring proof beyond reasonable doubt.

The judge noted that bail is not punitive and emphasised the fundamental right of defendants to be aware of the material presented against them.

Strict bail conditions were imposed to mitigate risks raised by the prosecution, including Roberts-Smith reporting to police three times a week, granting access to his electronic devices, forfeiting his passport, and restrictions on travel within Australia.

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