Ben Roberts-Smith, Australia's most-decorated living soldier, will remain behind bars after his lawyers did not seek bail over charges of alleged war crimes in Afghanistan. Roberts-Smith, 47, was arrested at Sydney Airport on Tuesday and charged with five counts of the war crime of murder before being transferred to a police cell. On Wednesday, lawyers for the Victoria Cross recipient did not immediately apply for bail. Roberts-Smith denies all wrongdoing, previously calling the claims 'egregious'.

The criminal case comes after a defamation judgement in 2023 found the former corporal in Australia's Special Air Service Regiment (SAS) killed several unarmed Afghans between 2009 and 2012. The years-long defamation proceedings marked the first time in history that any court had examined claims of war crimes by Australian forces. Roberts-Smith's lawyers argued that the alleged killings were either legal, as they took place during combat, or did not happen at all. In criminal proceedings, Roberts-Smith faces charges including murder and is at risk of life imprisonment. The Australian Federal Police confirmed a thorough investigation was involved in this complex case, with reports alleging the soldier was present during the tragic incidents. Roberts-Smith is due back in court on April 17.