HomeAsiaAustralian former soldier gets bail on Afghanistan war crime charges

Australian former soldier gets bail on Afghanistan war crime charges

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SYDNEY, April 17 (Reuters) - An ‌Australian court ordered bail with travel restrictions on Friday for ​the country's most decorated soldier, following his arrest on accusations of war crimes while deployed in ⁠Afghanistan more than a decade ago.

Police arrested and charged Ben Roberts-Smith, 47, with five counts of war crimes last week over the murder of five unarmed Afghan ​civilians between 2009 and 2012. Each charge carries a maximum term of jail for life.

Bail ‌was "not punitive in nature", Judge Greg Grogin told a Sydney courtroom, adding that the veteran of the elite Special Air Service Regiment was entitled to a presumption of innocence ⁠though the charges were serious if proved, media said.

As the ⁠matter was likely to take "years to get before court", Grogin added, there were exceptional circumstances justifying bail, despite prosecutors' opposition to bail for fear Roberts-Smith might try to contact witnesses.

Roberts-Smith, who appeared via video link at the hearing, must furnish a ‌surety of A$250,000 ($180,000) and refrain from contacting any prosecution witnesses, as bail conditions, ⁠in addition to the travel curbs.

Roberts-Smith spent more than ‌a week in custody as his legal team awaited ​an in-person bail review hearing after police initially refused bail following the arrest.

Roberts-Smith has consistently denied the accusations of wrongdoing, many first reported by Nine Entertainment ‌newspapers in a series of articles starting in 2018.

The ​Australian Federal Police said they would ⁠allege that his victims were not taking part in hostilities at ‌the time of their deaths and were ⁠detained, unarmed and under the control of Australian forces when killed.

Police would also allege the victims were either shot by the accused or his subordinates acting on ​his orders and in his ‌presence, they added.

Roberts-Smith lost a defamation suit over the media accusations and was found ⁠on the balance of probabilities to have ​been involved in the murder of four Afghan civilians.

($1=A$1.3965)

(Reporting by Christine Chen ​in Sydney; Editing by Clarence Fernandez)

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