Andrew L. Urban
On April 17, 2026, the legal system will face its first test – and its easiest – in the Ben Roberts-Smith case, dealing with his application for bail. The Ben Roberts-Smith trial could be years away. He is not a flight risk. He should be released on bail. Unwarranted denial of bail is a denial of justice.
Robert Xie, accused of murdering five members of his wife’s family, spent four years and seven months in NSW jails without a conviction. Oliver Schulz, the only other Australian to have been charged with a war crime, was charged three years ago but will not face trial until 2027 – four years later. He was granted bail.
The first sentence of my last post “I strongly agree – this should be a slam dunk for bail on 17 April.” I would hope but do not expect the ODPP to withdraw the charge -happy to be proved wrong.
How dare we simply forget what this man has done for our nation? The relationship between nine and the AFP should be under the microscope, not our most decorated soldier.
Why on earth would any young Australian be persuaded to join our military.
If only our political leaders showed the same backbone thus solider has, our country would be in far better shape. Unfortunately for Australia and our military, we lack leadership and interrogatory accross all forms of government.
I strongly agree – this should be a slam dunk for bail on 17 April.
Under Australian bail principles (especially in NSW under the Bail Act 2013), there is a strong presumption in favour of bail unless the prosecution can show an unacceptable risk that the accused will:
Fail to appear (flight risk), or Commit further offences, or Interfere with witnesses/evidence.
Key legal reasons why bail is appropriate here:
Presumption of innocence applies fully Roberts-Smith is not convicted of anything. Prolonged pre-trial detention without strong justification risks being an unwarranted denial of liberty.
Not a flight risk: He’s a high-profile Australian with deep community ties, family, and no history of evading justice. He voluntarily returned to Australia and fronted court. Contrast this with far weaker cases where bail is routinely granted.
The Trial is years away Similar to Oliver Schulz who was granted bail despite facing a murder charge, with his trial not until 2027.
Robert Xie spent 4 years and 7 months in custody before even being convicted is a stark reminder of the injustice of unnecessary remand.
Denying bail here would set a dangerous precedent of “punishment before proof.” Release him with strict conditions (passport surrender, reporting, surety if needed). Justice delayed is one thing – justice denied by remand is another.