Ben Roberts-Smith to remain in Silverwater prison over alleged war crimes
Australia’s most famous soldier, Ben Roberts-Smith, will remain behind bars after his lawyers rejected pressure to release him on war crimes charges.
Roberts-Smith, 47, was arrested on Tuesday and charged with five counts of war crimes, including murder, following a joint investigation between the Office of Special Investigations (OSI) and the Australian Federal Police (AFP). The maximum penalty for the crime is life imprisonment.
The Victoria Cross recipient was taken to Mascot police station and spent the night in cells at Silverwater Prison Complex after being charged. He has always vehemently denied the accusations.
Her case was the first to be dealt with in online bail court on Wednesday morning, but Roberts-Smith did not appear in court via video link.
Instead, lawyer Jordan Portokalli appeared on behalf of the accused war criminal and said he would not apply for bail.
Instead, Portokalli requested an in-person appearance at the Downing Center Local Court in Sydney as soon as possible.
Portokalli said it might be a “pipe dream” but was hopeful he could make it onto the city’s main court later Wednesday.
The bail court judge said it was essentially a pipe dream because he couldn’t make the arrangements. Instead, it would be up to Roberts-Smith’s lawyers to arrange the next hearing directly with the Downing Center.
Roberts-Smith’s case is set for an administrative court hearing with a brief status statement on June 4.
This means the famous soldier will remain in jail unless his legal team can persuade the court to release him on bail.
More to come.
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Nick McKenzie is an Age investigative journalist who has been named the Graham Perkin Australian Journalist of the Year three times. The winner of 20 Walkley Awards, including the Gold Walkley, he explores politics, business, foreign affairs and criminal justice.Connect via email.
Chris Masters is a Gold Walkley-winning journalist and author. He was the first Australian journalist to be deployed with special forces in Afghanistan.
