Ben Roberts-Smith’s lawyers consider making a bid to stop his war crimes trial (Australia Victoria Cross winner)

The Australian ^ | 20th April 2026 | Ellie Dudley and Liam Mendes

[naturalman1975]

Lawyers for murder-accused Ben Roberts-Smith are considering an application to permanently halt proceedings because of concerns that he may not get a fair trial, as the decorated soldier condemned the “unnecessary spectacle” caused by police arresting him in front of his daughters at Sydney airport.

In a statement delivered to reporters on Sunday, Mr Roberts-Smith vowed to fight five war crime charges brought against him, saying he had been targeted as part of a decade-long “campaign” painting his conduct in ­Afghanistan as improper.

The Australian understands that while it could be years before Mr Roberts-Smith faces trial, his legal team, led by criminal solicitor Karen Espiner, is examining the prospect of a permanent stay application because of exceptional media attention on the case.

.....

Mr Roberts-Smith’s barrister, Slade Howell, on Friday during the bail hearing foreshadowed a possible stay application, saying the Victoria Cross recipient’s case was “exceptional in the sense that it is out of the ordinary”.

“It is very likely in due course that a superior court or courts may need to consider whether the extraordinary pre-trial publicity surrounding these allegations, which has persisted for many years and still persist, means that a fair trial of the allegations are simply not possible,” he said.

“The prosecution of these allegations will take many, many years and will have many twists and turns.”

Mr Howell said the case of Mr Schulz was in the local court for more than three years before it was committed for trial in the NSW Supreme Court.

“The allegations all involve highly contested matters of fact. They concerned events which took place overseas in a war zone between 14 and 17 years ago. There have been different things said about each of the incidents by different people at different times over many years,” he said.

[Equine1952]

I would like to see everyone put in a war situation and see how they would respond. Under stress, and in the heat of fire, no one knows but those that have been there. Get 12 vets of Afganistan to sit the jury. This a political BS thing. I always believed the Aussies were better. Now I’m not sure.

[naturalman1975]

It’s hard to know for certain, but I think more Australians support BRS than want to see this happening.

This, to me, seems to be coming from a small group of activist lawyers, and one particular media company.

People who think their personal morals justify any attack on those they see as opposed to the world as they want it to be.

[ComputerGuy]

Those of you who have never served in combat are totally unqualified to judge those of us who have.

[mewzilla]

It’s coming from Australia’s Deep State.

It’s sending the citizenry a message.

[Skwor]

I understand the sentiment and have served, regardless I cannot support your position.

There are many who can sit in judgment fairly and who have never served in combat, the problem is those currently seeking to judge are doing so ideologically and not dispassionately, the whole event reeks of political and self-righteous arrogance.

[ComputerGuy]

Then we disagree. No biggie.

[Rlsau1]

War in its essence is all about killing and destruction, and all too often without clear objectives. Those people charged with the responsibility of carrying out the mission always deserve the benefit of doubt. Modern conflicts present no clarity as to who is and is not a combatant or enemy. This whole affair reeks of an odor of sanctimony on behalf of the prosecution in my opinion.

[Resolute Conservative]

Agreed.

[iamgalt]

Like Canada and England they have enough woke, leftist idiots to sway elections. Once they get the power they weld the door shut by bringing in the hordes so there is no going back.

[Gay State Conservative]

In the film Breaker Morant,an absolutely classic film,"Major Thomas" in his closing argument states that "men engaged in combat cannot be judged by civilian rules" (not an exact quote). Although I served during the Vietnam era I was luckier than many for never having been ordered to SE Asia. However,my best buddy from school was a Marine in Hue during the Tet Offensive and he told me some stories before he died that could make a grown man weep.

Western Maoists love to accuse Western nations of various crimes against humanity...during war and at other times.