Decorated hero or War crimes accused? Ben Roberts-Smith granted bail in landmark case

Australia’s most decorated living veteran, Ben Roberts-Smith , was granted bail by a Sydney court on Friday, 10 days after being charged with multiple war crime offences linked to his service in Afghanistan.

Justice Greg Grogin ruled that exceptional circumstances justified bail, despite prosecutors arguing the former Special Air Service Regiment corporal posed a flight risk and could interfere with witnesses . Roberts-Smith, 47, was arrested on April 7 and faces five counts of war crime murder over the alleged killings of unarmed Afghans in Uruzgan province between 2009 and 2012.

Under Australian law, war crime murder involves the intentional killing of non-combatants such as civilians or prisoners during armed conflict. Prosecutors allege Roberts-Smith personally shot two victims and ordered subordinates to kill three others . He has not yet entered a plea.

The case presents a striking paradox. Ben Roberts-Smith was awarded the Victoria Cross and the Medal for Gallantry for his actions during Australia’s military operations in Afghanistan, where he served as part of elite Special Air Service (SAS) units engaged in counterinsurgency and counterterrorism missions against Taliban fighters. These operations formed part of the broader conflict known as the War in Afghanistan, involving coalition forces led by the United States. Yet, a 2020 military inquiry found credible evidence that some Australian special forces personnel were involved in the unlawful killing of non-combatants , casting a shadow over acts of battlefield bravery and raising serious questions about conduct during the war.

The allegations against him were also deemed credible in a 2023 civil defamation case , though criminal proceedings require proof beyond a reasonable doubt far higher legal threshold. His defence argues the prosecution is unprecedented , highlighting the complexity of trying alleged battlefield crimes in domestic courts years after the conflict. Prosecutors, however, describe the charges as among the most serious under criminal law .

As the case unfolds, it underscores a difficult reality: recognised battlefield heroism can coexist with serious criminal allegations , leaving courts to determine where honour ends and liability begins.