Ben Roberts-Smith, a former Australian Special Air Service (SAS) soldier, has been granted bail by the Brisbane Magistrates Court. He was arrested on April 9, 2026, at Sydney Domestic Airport and charged with five counts of the war crime of murder, relating to alleged conduct in Afghanistan between 2009 and 2012.
The 47-year-old Victoria Cross recipient spent more than a week in custody before his successful bail application. The charges stem from a long-running investigation by the Office of the Special Investigator (OSI), which was established to examine allegations of war crimes by Australian forces in Afghanistan.
Magistrate Ross Mack imposed strict bail conditions, including the surrender of Roberts-Smith's passport, a A$300,000 surety, and reporting to police three times a week. He is prohibited from contacting witnesses or co-accused. The case has been adjourned for a committal mention on June 27, 2026.
Roberts-Smith, who denies all allegations, previously lost a high-profile defamation case in 2023 where a federal court judge found newspapers had proven substantial truth in reports of his involvement in unlawful killings. The current criminal charges are separate from that civil proceeding.
