Australia's most decorated living soldier will fight war crimes charges from outside a prison cell—for now. Ben Roberts-Smith, a Victoria Cross recipient facing five counts of the war crime of murder over alleged killings of unarmed Afghan detainees between 2009 and 2012, was granted bail Friday in Sydney. Calling the case "exceptional," Judge Greg Grogan said strict conditions would counter the risk that Roberts-Smith could flee or interfere with witnesses, reports the BBC. The 47-year-old must surrender his passport before release from Silverwater Prison, report to police three times a week, and allow access to his electronic devices.
His lawyers argued that prolonged pretrial detention in what they called legally "uncharted territory" would hinder his ability to review sensitive national security material and mount a defense. But prosecutor Simon Buchen, in opposing bail, called the charges against Roberts-Smith "among the most serious known to the criminal law," reports the AP. Furthermore, Roberts-Smith had made "advanced plans to relocate overseas. Consideration was being given to moving to various destinations overseas," Buchen said.