Ben Roberts-Smith to remain in jail after bail hearing over war crimes charges

Ben Roberts-Smith will remain in jail after his legal representatives declined to apply for bail on Wednesday, a day after Australia’s most decorated soldier was charged with war crimes.

The former SAS soldier and Victoria Cross recipient was expected to make his first court appearance on Wednesday after being charged with five counts of war crime – murder in relation to alleged offences in Afghanistan between April 2009 and October 2012.

But Roberts-Smith, who spent Tuesday night in custody at Sydney’s Silverwater correctional centre after his arrest at Sydney airport in the morning, did not appear at a virtual bail hearing in the New South Wales local court on Wednesday.

Roberts-Smith’s legal representative, Jordan Portokalli, said no application for bail would be made on Wednesday, asking for the matter to be listed for mention at the Downing Centre local court in Sydney “as soon as possible”.

He asked for the judge, Lucas Swan, to consider listing the matter on Wednesday but acknowledged this might be a “pipe dream”.

The judge agreed, saying he did not have access to the court’s diary, and ordered that the matter be listed for a brief mention at Downing Centre on 4 June, in eight weeks time. Portokalli and the prosecution did not object.

If Roberts-Smith’s legal team are unable to arrange an earlier hearing directly through the local court, the former soldier will remain on remand until then.

Roberts-Smith has always denied any wrongdoing.