Ben Roberts-Smith to remain behind bars over multiple alleged war crimes

Highly decorated soldier Ben Roberts-Smith will remain behind bars after his lawyers declined to push for his release on war crimes charges.

They had planned to have him before a judge within a few hours on Wednesday – but that bid failed, and the accused war criminal will now spend a further week in the cells.

Roberts-Smith, 47, was arrested on Tuesday and charged with five counts of war crime – murder after a joint investigation between the Office of the Special Investigator (OSI) and the Australian Federal Police (AFP). The offence carries a maximum penalty of life imprisonment.

The Victoria Cross recipient was taken to Mascot police station and spent the night in the cells at Silverwater Correctional Complex after being charged. He has always strenuously denied the charges, which the federal opposition has now called for the government to pay for him to fight.

The case was the first to be dealt with in the online bail court on Wednesday morning, but Roberts-Smith did not appear via videolink.

Instead, solicitor Jordan Portokalli appeared for the accused war criminal and said he would not be making an application for release to bail.

Instead, Portokalli requested an in-person mention at the Downing Centre Local Court, in Sydney, as soon as possible.

Portokalli said it may be a “pipedream”, but he was hopeful to get into the city’s main court later on Wednesday.

The court registry, just after 2pm, confirmed Roberts-Smith had secured a second appearance before a judge in the state’s busiest court – but it was not until April 17.

It means the veteran will stay behind bars for more than a week before even taking a shot at bail.

The bail court judge said it was, indeed, a pipedream as he could not make the arrangements. It would, instead, fall to Roberts-Smith’s lawyers to organise the next hearing with the Downing Centre directly.

Roberts-Smith’s case was set down for a brief status mention, an administrative court hearing, on June 4.

It means the famed soldier will sit in prison unless and until his legal team can convince the court to release him on bail.

The federal opposition on Wednesday called for the Commonwealth to fund Ben Roberts-Smith’s defence, as well as that of any other military personnel prosecuted for war crimes.

“It is an imperative that the Commonwealth provide anyone who’s prosecuted in this process, including Ben Roberts-Smith, with the support, the financial support they need to defend themselves and to ensure that there is a fair trial,” Opposition Leader Angus Taylor told reporters in Melbourne.

“The presumption of innocence is crucial.”

Taylor said he felt the evidence-gathering process had taken too long, and that he was concerned the charges would lead to the nation’s armed forces in general being held in lower regard.

“Our veterans should be shown huge respect for the role they have played in protecting our way of life over a long period of time, including the work they did in Afghanistan,” he said.

Around 40,000 ADF personnel served in Afghanistan over 20 years, and 47 died.

With Alexander Darling

• Read more on Ben Roberts-Smith’s arrest:

  • The arrest: Ben Roberts-Smith arrested over multiple war crimes
  • Led away on the tarmac: How the surprise arrest unfolded
  • Watch: Why Ben Roberts-Smith’s arrest is so historic for Australia
  • Inside the story: How the Ben Roberts-Smith story was chased to ground
  • What did Roberts-Smith do? What courts already know about former SAS soldier’s alleged war crimes