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Melanie O'Brien, Professor of International Law, The University of Western Australia

‘Exceptional circumstances’: why was Ben Roberts-Smith granted bail?

In early April, one of Australia’s most decorated soldiers, Ben Roberts-Smith, was arrested and charged with five war crimes of murder.

These charges were brought under the Commonwealth Criminal Code Act.

On Friday, a bail hearing was held in Sydney. Roberts-Smith appeared remotely from custody and his lawyers requested bail in person.

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