Ben Roberts-Smith released from Silverwater jail after paperwork delay held up process for hours

The SAS veteran has just left Silverwater jail, but was delayed because court officials could not accept a $250,000 bond.

Headshot of Aaron Patrick
Aaron Patrick
The Nightly
Victoria Cross recipient and alleged war criminal Ben Roberts-Smith has been granted release on bail.

Ben Roberts-Smith has been released from jail, but had to wait five hours extra because of a courthouse paperwork delay that prevented his parents lodging a $250,000 bond for his bail.

Len and Sue Roberts-Smith waited at the Downing Centre registry office for the afternoon for court officials to accept a cheque, a representative of the family said.

“They said they don’t have the court file,” the representative said. “We’ve been waiting two hours.”

Sign up to The Nightly's newsletters.

Get the first look at the digital newspaper, curated daily stories and breaking headlines delivered to your inbox.

Email Us
By continuing you agree to our Terms and Privacy Policy.

The SAS veteran was granted bail at 12.15pm by Judge Gregory Grogin on the condition he surrender his passport and his father pays the court a surety, or bond.

He has been charged with five counts of war crimes — murder, and faces life imprisonment.

Ben Roberts-Smith is escorted out by correctional officers at Silverwater Correctional Complex
Ben Roberts-Smith is escorted out by correctional officers at Silverwater Correctional Complex Credit: Ayush Kumar/Getty Images
Ben Roberts-Smith is escorted out by correctional officers at Silverwater Correctional Complex.
Ben Roberts-Smith is escorted out by correctional officers at Silverwater Correctional Complex. Credit: Ayush Kumar/Getty Images

The paperwork delay left him stuck as Silverwater Correction Complex in Western Sydney until around 5.30pm.

He intends to return to his home in south-east Queensland today. His trial could take years to begin, and the defence has already flagged that it may argue he is incapable of receiving a fair trial because of the extensive publicity.

A court official said the wait may have been due to a delay entering a long list of bail conditions into the court’s computer systems.

Latest Edition

The Nightly cover for 17-04-2026

Latest Edition

Edition Edition 17 April 202617 April 2026

Ben Roberts-Smith’s battle just beginning as judge warns war crimes trial could take years.