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

Australia's most decorated living soldier granted bail over war crime charges16 minutes agoShareSaveAdd as preferred on GoogleLana LamSydneyGetty ImagesRoberts-Smith has been charged with the war crime of murderAustralia's most decorated soldier, Ben Roberts-Smith, has been granted bail over war crimes allegations.The Victoria Cross recipient and former corporal in Australia's Special Air Service (SAS) Regiment was taken into custody last week, charged with five counts of the war crime of murder.Investigators allege the 47-year-old was involved in the deaths of several unarmed Afghan detainees, either by killing them or ordering a subordinate to do so, between 2009 and 2012.On Friday, lawyers for Roberts-Smith - who denies the claims and appeared via video link - argued the "unprecedented" case will face long delays and ongoing imprisonment would prevent him being able to properly mount a defence.Judge Greg Grogan agreed Roberts-Smith's case was exceptional, and imposed bail conditions which he said would address prosecutors' concerns about the potential flight risk or any interference with witnesses or evidence.Roberts-Smith will have to report to police three times a week, grant them access to his electronic devices, and forfeit his passport - which must be done before he is released from Silverwater Prison in Sydney.The criminal case follows a 2023 civil defamation case, in which a judge found - on the balance of probabilities - there was "substantial truth" to the claims against Roberts-Smith.Brought by Roberts-Smith against Nine newspapers which first published allegations of misconduct in 2018, the high-profile trial was the first time in history any court has examined claims of war crimes by Australian forces.The charges he now faces will be tested to a higher standard - beyond reasonable doubt.In a bail application at a Sydney local court on Friday, lawyers for Roberts-Smith described the case as "unchartered...