8 April 2026

UPDATE: April date for Ben Roberts-Smith bail application

| By Claire Fenwicke
Ben Roberts-Smith

The allegations against former soldier Ben Roberts-Smith relate to his time in Afghanistan (here pictured in April 2010). Photo: ADF.

UPDATE: 2:30 pm – Ben Roberts-Smith’s legal counsel will make a bid for bail on 17 April.

His 4 June listing still stands, but his case was updated this afternoon (8 April).

It’s estimated the bail hearing at the Downing Centre local court will take about one hour.

Mr Roberts-Smith has been ordered to appear via AVL. He remains remanded in custody.

READ ALSO No bail for men charged over alleged mistaken-identity murder

Wednesday, 8 April, 10:20 am – Decorated former soldier Ben Roberts-Smith – who has been charged with five counts of ‘war crime – murder’ – has not applied for bail during a brief court hearing this morning (8 April).

Criminal defence lawyer Jordan Portokalli, from Hugo Law Group, told the NSW Local Court, “we’re not making an application for release today”, but asked if the matter could be scheduled to appear at the Downing Centre later today.

He said he understood the request was a “pipe dream”.

“Very much so a pipe dream,” Judge Lucas Swan responded, stating he didn’t have access to the Downing Centre’s diary.

Judge Swan adjourned the matter to next appear at the Downing Centre on 4 June.

This means Mr Roberts-Smith will remain remanded in custody for almost two months.

READ ALSO ‘Not taking my job’: McCormack stares down One Nation surge

Mr Roberts-Smith was arrested at Sydney Airport yesterday (7 April) and refused bail that afternoon.

During a joint press conference with the AFP and Office of the Special Investigator, it was outlined that the allegations against Mr Roberts-Smith relate to his time in Afghanistan over incidents believed to have occurred between 2009 and 2012.

Reactions to his arrest have been mixed, with the Prime Minister declining to comment.

One Nation members, including leader Pauline Hanson, came out in strong support of the decorated veteran.

Riverina Nationals MP Michael McCormack took to social media to voice his concerns about Mr Roberts-Smith’s arrest, calling it a “worrying issue for Australians”.

“If we are to cherry-pick every alleged incident that happened amidst the heat of battle and a dangerous and deadly war, what is to become of us as a nation?” he asked.

“For the record, alleged war crimes must be accounted for … but the persecution of one of Australia’s most decorated soldiers – years after his tours of duty in one of the most testing wars against some of the most ruthless enemies our brave Diggers have ever encountered – must be taken for what it is … a campaign to smear someone from people who would never step up if our country was in peril.

“Also, how is it that someone who has earned a Victoria Cross – indeed any citizen – can be arrested in such a public way – on the tarmac of an airport? Is this just part of the ‘stitch up’ efforts by those out to get him?”

READ ALSO Chef found guilty of killing father-of-four near Goulburn

During an interview with a journalist about the Australian War Memorial updating Mr Roberts-Smith’s display plaque, Mr McCormack said nobody could understand “what he and his mates have gone through, and the complexities of war”.

“He was sent to do a job, sent to serve his nation, called upon to do duty, as were others and the Afghanistan War – Australia’s longest conflict – was a war like no other,” he told the journalist.

“It wasn’t as if we were fighting in World War II and World War I and indeed other conflicts where our opponents, our enemies, wore uniforms. They did not.

“Many of them, of course, wore farmers’ garb and still had deadly weapons and used them against Australians.”

Mr McCormack also worried about how this arrest could affect the Australian Defence Force’s ability to recruit others to serve their nation.

“It does worry me that civilian processes then take over what is very much a military situation … because where do we start and stop with this? Where do we start and stop with anybody who’s sent to do a job by government?” he asked.

“They do it, they get the nation’s highest honour for valour, and they come back, and then they have a civilian court tell them that they should not have done whatever they did.

“So, we’ll let the courts decide, and that’s the due and proper process. But there is a lot about this that troubles me. It’s not just me. There’s a lot of veterans, there’s a lot of people in this country who really worry about the wider ramifications of what might occur as a result of what’s happened in this situation. And I might just leave it at that.”

Original Article published by Claire Fenwicke on Region Canberra.

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