Decorated war veteran Ben Roberts-Smith has been granted bail after spending more than a week in custody over serious war crimes allegations.
The 47-year-old was arrested at Sydney Domestic Airport and charged with five counts of the war crime of murder, relating to incidents in Afghanistan between 2009 and 2012.
His legal team told a Sydney court the case was unprecedented and involved “uncharted legal territory,” arguing it was likely to take years, with “many twists and turns.” They said it would be unfair for him to prepare his defence while in custody.
Prosecutors opposed bail, describing the allegations as “gravely serious” and raising concerns about flight risk and potential interference with witnesses or evidence.
However, Local Court Judge Greg Grogin acknowledged the length and complexity of the case, granting bail with strict conditions to address those concerns.
Roberts-Smith has not yet entered pleas, but he denied the allegations throughout a previous defamation case against Nine newspapers. The court noted the distinction between that civil matter and the current criminal proceedings, where the burden of proof is higher.
He appeared via video link from Silverwater Correctional Complex, while his parents were present in court.
Source: ABC News
