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The Guardian - AU
The Guardian - AU
National
Nino Bucci Justice and courts reporter

Some Ben Roberts-Smith allegations were heard in his defamation trial. How would a criminal case be different?

Ben Roberts-Smith ADF Donald Rothwell Ross Barnett OSI
Ben Roberts-Smith at the federal court in Sydney in 2021
Ben Roberts-Smith during his defamation case in 2021. He now faces a criminal trial after being charged with five counts of the war crime of murder. Photograph: Dean Lewins/AAP

While the long-running defamation case involving Ben Roberts-Smith was described by some as an unofficial war crimes trial, the Victoria Cross recipient could now face the real thing.

Roberts-Smith has been charged with five counts of the war crime of murder and will remain in jail after his legal representatives declined to apply for bail on Wednesday.

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