Australia’s most decorated veteran granted bail on war crimes charges related to Afghan deaths

Ben Roberts-Smith arrives at the Federal Court in Sydney, Australia, on June 9, 2021. (AP Photo/Rick Rycroft, File) 2026-04-17T04:56:44Z MELBOURNE, Australia (AP) — Australia’s most decorated living veteran, Ben Roberts-Smith , was granted bail Friday 10 days after he was charged with war crimes in the killings of five people while serving in Afghanistan. Judge Greg Grogin ruled in a Sydney court that the former Special Air Service Regiment corporal had established exceptional circumstances to justify his release from custody. Prosecutors had opposed bail and argued there was a risk that Roberts-Smith would flee Australia or interfere with witnesses and evidence. Roberts-Smith, 47, was arrested on April 7 and charged with five counts of war crime murder involving the deaths of five Afghans in Uruzgan province in 2009 and 2012. Australian law defines war crime murder as the intentional killing in a context of armed conflict of a person who is not taking an active part in the hostilities, such as a civilian, prisoner of war or a wounded soldier. Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan and is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime. The charges follow a military report released in 2020 that found evidence elite SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers and other noncombatants. Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, of whom 41 were killed. (