Australia's most decorated living soldier granted bail over war crimes charges

Key Points:

• Ben Roberts-Smith, Australia's most decorated living soldier and Victoria Cross recipient, has been granted bail after being charged with five counts of murder related to alleged war crimes in Afghanistan between 2009 and 2012.
• The charges accuse Roberts-Smith of involvement in the deaths of unarmed Afghan detainees, either by personally killing them or ordering subordinates to do so; he denies all allegations.
• Judge Greg Grogin granted bail citing the exceptional nature of the case and the likelihood of prolonged pre-trial detention, imposing strict conditions including regular police reporting, electronic device access, forfeiture of his passport, and a A$250,000 surety.
• The criminal case follows a 2023 civil defamation trial where a judge found substantial truth to some murder claims against Roberts-Smith, marking the first time Australian courts examined war crime allegations against its forces.
• Roberts-Smith's lawyers argue the case involves complex, sensitive material likely to cause delays and challenges to a fair trial, while prosecutors emphasize the seriousness of the charges and prior adverse judicial findings.