analysis

AARON PATRICK: Just when you thought life couldn’t get worse for Ben Roberts-Smith, it very well might

Life is about to get even harder for Ben Roberts-Smith. Here’s why.

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

Life is about to get even harder for Ben Roberts-Smith.

More charges are coming beyond the five murder counts already filed, a lawyer for the federal government revealed today during an unsuccessful attempt to keep the famous veteran in jail.

What they will allege is unclear, but the investigators have plenty of material to work with.

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From threatening witnesses to hiding confidential files, the ex-corporal has been the subject of many, many accusations over the eight years since his once-celebrated military service in Afghanistan was turned into a horror show for himself, the SAS and the Army.

In the centre of maelstrom today, the 47-year-old father of two carried himself, as much as possible in green prison clothing, with the comportment of a man who once circulated among prime ministers, business titans and royalty.

Even though some special forces colleagues have turned on him, Mr Roberts-Smith has a reservoir of support among military veterans and the public.

The include Trevor Stewart, an Air Force veteran who erected a banner outside court today comparing his hero to Harry “Breaker” Morant, another special forces soldier prosecuted for executing prisoners.

“I just don’t understand how the Federal Government is able to spend $318 million to investigate a corporal,” he said after Mr Roberts-Smith was granted bail.

The figure isn’t accurate. It covers the two independent investigations over a decade into all war crimes allegations from the war.

But the enormous price tag has resulted in only two men facing court, both from the regiment that the Army essentially used as an assassination squad against Taliban leaders.

Defence barrister Slade Howell pointed out that serious federal crimes require the unanimous agreement of all jurors. Which puts huge pressure on the lead investigator pursing Mr Roberts-Smith, Stephen McIntyre, a former Victorian homicide squad detective.

A court sketch of Ben Roberts-Smith during his bail hearing.
A court sketch of Ben Roberts-Smith during his bail hearing. Credit: NCA NewsWire

If found guilty, the government has no intention of advocating leniency for crimes in a dirty war. “The prosecution relies on the highest penalty,” said barrister Simon Buchen SC.

The penalty is life.

The government has eye witnesses for all five of the alleged murders, three of which were allegedly carried out under the orders of Mr Roberts-Smith, according to Mr Buchen.

Given the authorities have already conceded they have no hope of bringing witnesses from Afghanistan to testify, the implication is that SAS soldiers involved in the deaths may have negotiated immunity deals to testify for the prosecution.

The sight of Australian soldiers at war with each other will be a sad moment for the nation, whether you are for or against the man with the Victoria Cross.

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