Jordan Portokalli, defence lawyer for war veteran Ben Roberts-Smith, did not apply for bail during his client’s first court appearance following his arrest, meaning Roberts-Smith will remain in custody.
The Victoria Cross recipient faces five murder charges linked to alleged war crimes in Afghanistan between 2009 and 2012. He is accused of involvement in the murders of unarmed Afghan nationals who were not taking part in hostilities and were detained.
Roberts-Smith has long denied the allegations since they first emerged in media reports in 2018.
The 47-year-old spent the night at Sydney’s Silverwater Correctional Complex and did not appear in court, with the matter heard virtually before Judge Lucas Swan.
Portokalli requested an in-person listing for later that day, stating, “We’re seeking that the matter be relisted for mention preferably today at Downing Centre, but we understand that might be a bit of a pipe dream, but as soon as is possible.”
Judge Swan agreed the request was “very much so a pipe dream” and acknowledged that both parties had previously spoken with the chief magistrate about this matter.
He directed Portokalli to contact the Chief Magistrate’s Office again to ask for a mention hearing for “today or at a future date.”
The case is due back in court on June 4.
Source: ABC News