Ben Roberts-Smith to remain in jail after bail hearing over war crimes charges

The Guardian - World News Legal & JudicialNews ReportEN 2 min read 100% complete by Penry BuckleyApril 8, 2026 at 03:12 AM

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Ben Roberts-Smith entitled to presumption of innocence but ‘none of us are above the law’, Andrew Hastie says

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Ben Roberts-Smith, a former SAS soldier and Victoria Cross recipient, will remain in jail after his legal team declined to apply for bail on Wednesday. He was arrested at Sydney airport on Tuesday and charged with five counts of war crimes, specifically murder, related to alleged offenses in Afghanistan between 2009 and 2012. Roberts-Smith did not appear at the virtual bail hearing in New South Wales local court. A bail review hearing is scheduled for April 17th at Downing Centre local court in Sydney, where he will appear via video link. His case will also have a brief status mention at Downing Centre on June 4th.

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Legal & Judicial

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National Security

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Key Claims (5)

AI-Extracted

The case will return for a bail review hearing at Downing Centre local court in Sydney on 17 April.

factual100% confidence

Jordan Portokalli said no application for bail would be made on Wednesday.

quote — Jordan Portokalli100% confidence

Roberts-Smith has been charged with five counts of war crime – murder in relation to alleged offences in Afghanistan.

factual100% confidence

Roberts-Smith did not apply for bail on Wednesday.

factual100% confidence

Ben Roberts-Smith was arrested at Sydney airport on Tuesday over alleged war crimes.

factual100% confidence

Claims are automatically extracted and should be independently verified. Attribution indicates the stated source of the claim.

Key Entities & Roles

Key Player Opposition Context

SAS ×230% Lucas Swan 30% Victoria Cross ×230% Silverwater correctional centre 30% New South Wales 30% Jordan Portokalli 40% Downing Centre ×340% Afghanistan 50% Australia 50% Sydney ×360% Australian Federal Police ×270% Ben Roberts-Smith ×795%

Keywords

war crimes 100% ben roberts-smith 100% bail hearing 90% arrest 70% court appearance 60% custody 60% afghanistan 50% sas soldier 50% legal representatives 40%