Australia’s most famous soldier, Ben Roberts-Smith, will remain behind bars after his lawyers declined to push for his release on war crimes charges.
Roberts-Smith, 47, was arrested on Tuesday and charged with five counts of war crime – murder after a joint investigation between the Office of the Special Investigator (OSI) and the Australian Federal Police (AFP). The offence carries a maximum penalty of life imprisonment.
The Victoria Cross recipient was taken to Mascot police station and spent the night in the cells at Silverwater Correctional Complex after being charged. He has always strenuously denied the charges.
His case was the first to be dealt with in the online bail court on Wednesday morning – but Roberts-Smith did not appear via videolink.
Instead, solicitor Jordan Portokalli appeared for the accused war criminal and said he would not be making an application for release to bail.
Instead, Portokalli requested an in-person mention at the Downing Centre Local Court, in Sydney, as soon as possible.
Portokalli said it may be a “pipedream”, but he was hopeful to get in to the city’s main court later on Wednesday.
The bail court judge said it was, indeed, a pipedream as he could not make the arrangements. It would, instead, fall to Roberts-Smith’s lawyers to organise the next hearing with the Downing Centre directly.
Roberts-Smith’s case was set down for a brief status mention, an administrative court hearing, on June 4.
It means the famed soldier will sit in prison unless and until his legal team can convince the court to release him to bail.
More to come…
Nick McKenzie is an Age investigative journalist who has three times been named the Graham Perkin Australian Journalist of the Year. A winner of 20 Walkley Awards, including the Gold Walkley, he investigates politics, business, foreign affairs and criminal justice.Connect via email.
Chris Masters is a Gold Walkley award-winning journalist and author. He was the first Australian journalist to be embedded with special forces in Afghanistan.
