Ben Roberts-Smith has been granted bail after being charged with the murder of five unarmed detainees while deployed in Afghanistan.
The 47-year-old was arrested on April 7 and made a successful application for release at Sydney’s Downing Centre Local Court on Friday.
He is expected to return to court on June 4 after paying $250,000 and has been required to surrender his passport.
Roberts-Smith appeared via audiovisual link from Silverwater prison, wearing prison-issued green clothing and speaking only to confirm he could hear the proceedings.
Defence barrister Slade Howell told the court his client would comply with strict bail conditions, despite previous Federal Court findings that he had threatened or interfered with witnesses.
“The consequence of a breach … will be that he returns to custody which is a pretty good incentive to not interfere with witnesses,” he said.
Howell argued Roberts-Smith was not a flight risk, noting he had already handed in his passport, and said the case would take years to resolve.
“The prosecution of these allegations will take many, many years and will have many twists and turns,” he said.
“There is a real possibility (my client) will be found not guilty.”
He also said Roberts-Smith needed to be released to prepare his defence and meet national security obligations, adding that pre-trial publicity could affect his ability to receive a fair trial.
Crown prosecutor Simon Buchen SC opposed bail, describing the charges as extremely serious and the case as strong, with eyewitnesses to the alleged murders.
He said evidence included the alleged use of “throw-downs” – objects placed on deceased non-combatants to make it appear they had been involved in hostilities.
Buchen argued bail conditions could not eliminate the risk of witness interference, pointing to evidence raised in earlier Federal Court proceedings, including alleged threats to witnesses and the use of burner phones.
Roberts-Smith faces five charges, including the alleged murder of two Afghan men and involvement in the deaths of three others during operations between 2009 and 2012.
The allegations were first reported in 2018. In subsequent defamation proceedings, a Federal Court judge found the claims of murder were, on the balance of probabilities, true, findings that were upheld on appeal.
Image: AFP
