Ben Roberts-Smith to remain in jail for at least a week

Ben Roberts-Smith will remain in a Sydney jail for at least a week and apply to be released on bail next Friday after he was charged with alleged war crimes.

The former corporal was on Tuesday charged with five counts of the war crimes relating to his deployment in Afghanistan.

The Victoria Cross recipient spent the night in custody on remand at Sydney’s Silverwater prison after he was refused bail following his arrest at Sydney Airport on Tuesday.

Mr Roberts-Smith did not appear via videolink when his matter was briefly mentioned before Judge Lucas Swan in Bail Division Court on Wednesday morning.

“In short, we’re not making an application for release today,” his solicitor Jordan Portokalli told the court.

“The second matter is we’re seeking that the matter be listed for mention preferably today in the Downing Centre, but we understand that might be a bit of a pipe dream. But as soon as possible.”

Judge Swan replied: “Very much a pipe dream because I don’t have access to the Downing Centre diary, as you would have been made aware when in contact with the Chief Magistrate’s Office yesterday”.

The court heard his legal team was hoping for an expedited bail hearing but that did not eventuate on Wednesday.

Mr Roberts-Smith will now appear in Sydney’s Downing Centre District Court for a bail application on Friday week.

Mr Roberts-Smith’s matter was otherwise set down to be mentioned in court again on June 4, with the brief of evidence to be served by May 21.

Australian Federal Police Commissioner Krissy Barrett on Tuesday said it will be alleged the victims were detained, unarmed, not taking part in hostilities, and under the control of the Australian Defence Force when they were allegedly killed.

“It will be the alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of, and acting on the orders of, the accused,” Ms Barrett told a press conference on Tuesday.

Mr Roberts-Smith is facing five counts of war crimes - murder.

His arrest comes after Federal Court Justice Anthony Besanko in 2023 found Mr Roberts-Smith was involved in the murder of four unarmed men.

The findings were made on the civil standard of the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt, during his defamation suit against the The Sydney Morning Herald, The Age and Canberra Times over a series of stories about war crime allegations relating to his deployment in Afghanistan.

Australia’s most decorated former soldier Ben Roberts-Smith has been arrested and is expected to be charged with five counts of the war crime of murder.

Mr Roberts-Smith maintained his innocence throughout the proceedings, and had his appeal to the Full Court of the Federal Court dismissed last year.

He was also refused leave to appeal the civil findings by the High Court.