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Australia’s most decorated veteran walks free on bail on war crimes charges related to Afghan deaths

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MELBOURNE, Australia (AP) — Australia’s most decorated living veteran, Ben Roberts-Smith, walked free on bail from a Sydney prison on Friday, 10 days after he was charged with war crimes in the killings of five people while serving in Afghanistan.
Judge Greg Grogin granted Roberts-Smith bail in a Sydney court around five hours earlier, ruling the former Special Air Service Regiment corporal had established exceptional circumstances to justify his release from custody. Prosecutors had opposed bail and argued there was a risk that Roberts-Smith would flee Australia or interfere with witnesses and evidence.
Roberts-Smith, 47, was arrested on April 7 and charged with five counts of war crime murder involving the deaths of five Afghans in Uruzgan province in 2009 and 2012.
AUSTRALIA’S MOST DECORATED LIVING SOLDIER CHARGED AMID FIERCE DEBATE OVER WAR CRIMES ALLEGATIONS
SYDNEY, AUSTRALIA – JUNE 07: Ben Roberts-Smith departs the Federal Court of Australia in Sydney on June 07, 2021 in Sydney, Australia. Ben Roberts-Smith is suing three Fairfax newspapers for defamation over reports he committed war crimes while serving in the Australian Special Air Services in Afghanistan. Ben Roberts-Smith is Australia’s most decorated living soldier and a Victoria Cross recipient. (Sam Mooy / Getty Images)
Australian law defines war crime murder as the intentional killing in a context of armed conflict of a person who is not taking an active part in the hostilities, such as a civilian, prisoner of war or a wounded soldier.
Roberts-Smith was driven away from Sydney’s Silverwater Correctional Complex late Friday apparently wearing the same clothes he wore when police escorted him from a commercial airliner at Sydney Airport last week, news media images showed.
Roberts-Smith was awarded both the Victoria Cross and Medal of Gallantry for his service in Afghanistan and is only the second Australian veteran of the Afghanistan campaign to be charged with a war crime.
The charges follow a military report released in 2020 that found evidence elite SAS and commando regiment troops unlawfully killed 39 Afghan prisoners, farmers and other noncombatants. Around 40,000 Australian military personnel served in Afghanistan between 2001 and 2021, of whom 41 were killed.
Similar allegations against Roberts-Smith were found credible in a civil court case in 2023 when a judge rejected his claims that newspaper articles defamed him.
AUSTRALIA’S MOST DECORATED WAR VETERAN APPEALS COURT RULING THAT BLAMED HIM FOR UNLAWFUL KILLING OF AFGHANS
At that trial, Roberts-Smith testified he had never killed an unarmed Afghan and denied ever committing a war crime. He claimed he has the victim of spiteful fellow soldiers’ lies and of others’ envy of his medals.

Corporal Ben Roberts-Smith VC, MG attends a Victoria Cross and George Cross Association Reunion Service at St. Martin-in-the-Fields Church on May 30, 2012 in London, England. (Max Mumby / Indigo / Getty Images)
But while the civil court found the war crimes allegations were mostly proven on a balance of probabilities, the war crime murder charges would have to be proved in a criminal court to a higher standard of beyond reasonable doubt.
Roberts-Smith is accused of personally shooting dead two victims. He allegedly ordered subordinates to shoot the other three victims.
In opposing bail, prosecutor Simon Buchen described the charges against Roberts-Smith as «among the most serious known to the criminal law.»
Buchen said Roberts-Smith had been «on the cusp of relocating overseas» without telling authorities when he became aware that prosectors were considering charges.
Roberts-Smith had made «advanced plans to relocate overseas. Consideration was being given to moving to various destinations overseas,» Buchen told the court.
Roberts-Smith faces a potential maximum sentence of life in prison on each conviction. He has yet to enter pleas.
JUDGE RULES AUSTRALIA’S MOST DECORATED WAR VETERAN UNLAWFULLY KILLED POWS, COMMITTED WAR CRIMES IN AFGHANISTAN
Defense lawyer Slade Howell told the bail hearing Roberts-Smith’s case «may properly be described as exceptional in the sense that it is out of the ordinary.»
«The use of domestic courts to prosecute alleged war crimes committed by a highly decorated Australian soldier deployed overseas repeatedly by the Australian government to fight a war on its behalf is unprecedented and is uncharted legal territory of the common law of this country,» Howell said.

FILE – Ben Roberts-Smith arrives at the Federal Court in Sydney on June 9, 2021. Australia’s most decorated living war veteran lodged an appeal on Tuesday, July 11, 2023, against a civil court ruling that blamed him for the unlawful killings of four Afghans. (AP Photo/Rick Rycroft, File) (AP Photo/Rick Rycroft, File)
Howell also said Roberts-Smith’s «proceedings will be beset by a multitude of delays, many of which are peculiar to these proceeding.»
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Potential delays could arise if prosecutors decide to charge one or more of Roberts-Smith’s fellow veterans, some of whom now live overseas, Howell said.
Roberts-Smith took part in the bail hearing by video link from prison and spoke only when asked by the judge to confirm that he could see and hear proceedings.
australia, afghanistan, armed forces, military trials, veterans
INTERNACIONAL
Graham’s death ignites GOP scramble for Senate seat as Trump hints he already has a favorite

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Sen. Lindsey Graham’s, R-S.C., sudden death from an undisclosed illness has triggered a two-pronged approach to replace him, and President Donald Trump will likely be a focal point in the process.
Graham’s passing overnight comes at a time when Republicans in the upper chamber need every vote they can get. The Senate GOP now holds a 52-seat majority, and with the timetable for Sen. Mitch McConnell’s, R-Ky., absence still unclear, that majority is now effectively 51 votes.
That will up the pressure, and drama, to find a replacement for the longtime South Carolina lawmaker.
LINDSEY GRAHAM, SOUTH CAROLINA SENATOR WHO ROSE FROM SMALL-TOWN ROOTS TO GOP POWER BROKER, DIES AT 71
Sen. Lindsey Graham, Republican of South Carolina, speaks with reporters aboard Air Force One with President Donald Trump and Secretary of Commerce Howard Lutnick on the way back to Washington, D.C., on Jan. 4, 2026. (Jim Watson/AFP via Getty Images)
Trump, during an appearance on NBC’s «Meet the Press» on Sunday, said, «I have somebody that I think would be great.»
«But I don’t want to say it now because it’s just, it’s too soon with Lindsey,» Trump said. «I don’t wanna even talk about anybody, but I do have somebody that I think is really good.»
It’s a process guided by the Constitution and state law. The first step will require South Carolina Gov. Henry McMaster, a Republican, to appoint a replacement for Graham on a temporary basis.
McMaster, a close ally of Trump, can appoint a temporary replacement as soon as he wants. That pick will serve until the next special or general election.
MCCONNELL FACES FRESH CALLS TO COME CLEAN ABOUT HEALTH ISSUES
Fox News Digital did not immediately hear back from McMaster’s office on when he would make the announcement, or who he was considering for the seat.
Graham was already in-cycle running for a fifth term in the upper chamber, and he easily cruised to a primary victory early last month. That means that whoever McMaster taps would serve until the end of the year to finish off the remainder of Graham’s fourth term.
The second prong is finding his long-term successor.
The candidate filing period for that special election to win the GOP nomination opens July 21. The election is slated for Aug. 11, according to South Carolina law.
That race could see several familiar faces in South Carolina GOP politics jumping in, including McMaster himself, who is termed out as governor.
TRUMP’S ENDORSEMENT POWER FACES ANOTHER GOP TEST IN SOUTH CAROLINA AFTER ALAN WILSON ADVANCES

Rep. Nancy Mace, R-S.C., departs the U.S. Capitol after a series of House votes on funding for Homeland Security and a War Powers resolution on Iran on March 5, 2026, in Washington, D.C. (Andrew Harnik/Getty Images)
Trump heaped praise on McMaster, noting that he endorsed his first bid for the White House in 2016.
«Henry’s been a great governor, you know now he’s termed out, but he’s going to do the right thing,» Trump said. «I think Henry will be fantastic.»
There are six members of South Carolina’s GOP congressional delegation who could toss their hats into the mix. Rep. Nancy Mace, R-S.C., who recently lost a bid for the GOP gubernatorial nomination, is eyeing jumping into the special election.
A person familiar with Mace’s plans told Fox News Digital, «Congresswoman Mace is considering a bid to run.»
Then there’s Rep. Joe Wilson, R-S.C., the longest-serving Republican member of the Palmetto State’s delegation. He quickly snuffed speculation about whether he’d leap into the fray.
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«I was grateful to speak with President Trump today reminiscing about our mutual friend, Senator Lindsey Graham,» Wilson said on X. «I assured him my goal is to remain in the House to keep his two-vote majority for the American people!!!»
Then there’s the remaining four: South Carolina Republican Reps. Ralph Norman, who also lost out on scoring the GOP nomination for governor, Russell Fry, William Timmons and Sheri Biggs, none of whom, so far, have signaled that they would jump into the battle for Graham’s seat.
Meanwhile, Pamela Evette, who Trump endorsed in the governor’s race but ultimately lost to GOP nominee and South Carolina Attorney General Alan Wilson, could also be in the mix.
Fox News Digital did not immediately receive responses to requests for comment from each possible contender.
politics, lindsey graham, senate, donald trump, south carolina
INTERNACIONAL
Murió el senador de EEUU Lindsey Graham, estrecho aliado de Donald Trump, tras una enfermedad breve

Graham era cercano a Trump
La política exterior fue un foco para Graham
Graham fue presidente de los comités de Presupuesto y Judicial del Senado
INTERNACIONAL
New Germany sex-crime figures reignite migration fight as exploitation probe expands

Report exposes scale of alleged UK grooming gang scandal
Fox News host Will Cain reports on a bombshell UK inquiry detailing shocking alleged child sex exploitation by organized grooming gangs in 149 local authority areas. The report reveals crimes committed for decades, with an estimated 250,000 victims nationwide.
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New German crime figures and an expanding investigation into an alleged sexual exploitation of teenage girls near the Nuremberg, Germany, central railway station are intensifying a broader European battle over migration, integration and whether officials have been too reluctant to confront patterns of organized sexual abuse.
Germany recorded 751 cases categorized as group rapes in 2025, according to the federal government’s response to a parliamentary inquiry submitted by the opposition Alternative für Deutschland party. All parties represented in the Bundestag German federal parliament may submit formal questions requiring government responses, a key tool through which opposition lawmakers scrutinize federal policy.
Police identified 1,087 suspects in the cases, including 509 German citizens and 578 non-German nationals. Syrians were the largest foreign-national group, with 110 suspects, followed by Afghans with 64, Iraqis with 46 and Turks with 44.
ILLEGAL IMMIGRANT SOCCER COACH WHO USED ALCOHOL AND DRUGS TO SEXUALLY ABUSE KIDS LEARNS FATE
Two defendants are holding folders in front of their faces as a screen, while a defense attorney is talking to the right defendant and judicial officers are standing behind the defendants at a trial in Freiburg, Germany, Thursday, July 23, 2020. (Philipp von Ditfurth/dpa via AP)
The government cautioned that «group rape» is not a separate criminal offense or standardized police category. Officials generated the figures by filtering recorded rape cases in which suspects were listed as not acting alone. The numbers represent suspects identified during police investigations, not people convicted in court.
The figures emerged as investigators in Nuremberg, Germany, pursued allegations that vulnerable girls were deliberately drawn into a network involving affection, gifts, narcotics and sexual exploitation.
Bavarian police said in May that men operating around the city’s main railway station allegedly approached girls from unstable or vulnerable backgrounds, initially offering them attention, clothing or cosmetics. Investigators said some were later given hard drugs, including crystal meth, and that their resulting dependency was allegedly exploited to obtain sexual acts or other «services.»
STEPDAD ACCUSED OF SEX ASSAULT AS COPS WIDEN PROBE INTO GIRL’S LETHAL BENADRYL INGREDIENT DOSE

Protesters gather before a party convention of Alternative for Germany, or AfD in Erfurt, Germany, July 4, 2026. (Ebrahim Noroozi/The Associated Press )
The investigation, known as EKO Kajal, has continued to expand. Police said Tuesday that ten suspects were being held in pretrial detention in cases involving alleged sexual offenses against girls and young women and the distribution of drugs or medication to minors.
In the latest arrests, police alleged that a 21-year-old Syrian man raped two girls, ages 15 and 18, in a Nuremberg, Germany, apartment after they were given narcotics by a 40-year-old Syrian man. Both men were detained, but the accusations remain allegations and have not been adjudicated.
Emma Schubart, a research fellow at the London-based Henry Jackson Society, told Fox News Digital that the Nuremberg, Germany, allegations bear similarities to grooming-gang cases uncovered in Britain, where girls were plied with drugs and alcohol before being repeatedly abused by groups of men.
«It’s a severe failure in both countries,» Schubart said, arguing that the problem begins with insufficient screening and continues with inadequate integration after migrants arrive.
«The first step that both authorities in the U.K. and in Germany really are not doing is screening migrants effectively,» she said. «But then, once the migrants are already here, the integration policy is completely lacking.»
Schubart said the isolation of some immigrant communities can contribute to «ghettoization» and create environments in which criminal networks operate with limited scrutiny or cooperation with authorities.
She also challenged the argument that disparities in some sexual-offense statistics can be explained primarily by poverty.
POLYGAMOUS SECT LEADER CONVICTED ON STATE CHARGES AFTER GIRLS FOUND IN UNVENTILATED TRAILER

A supporter wearing a plastic policeman’s helmet and holding fake money criticises the way the police dealt with the grooming gang scandal on Jan. 29, 2022, in Telford, England. (Martin Pope/Getty Images)
«Socioeconomic factors matter, but they absolutely do not fully explain the disparities,» Schubart said. «Native Germans from similar socioeconomic backgrounds absolutely do not show equivalent rates in group sexual offending.»
Schubart said she viewed the apparent intersection between drugs and sexual exploitation as an especially important parallel with Britain.
«In the U.K. and in Germany, it’s a very similar pattern where it’s basically drug trafficking that also involves sex trafficking,» she said. «These drug-trafficking networks and cells operate across the country, not just in those cities where we see the crimes playing out.»
Britain has spent years reckoning with grooming scandals in places including Rotherham, Rochdale, Telford and Oxford, England, where official reviews found that police, social workers and local authorities repeatedly missed or ignored evidence that vulnerable children were being systematically abused.
Baroness Louise Casey’s national audit, published by the British government in June 2025, concluded that inconsistent definitions, incomplete records and failures to collect ethnicity data made it impossible to establish the full national scale of group-based child sexual exploitation. It nevertheless found evidence of the disproportionate representation of Pakistani-heritage suspects in some local datasets and cases, while warning against extrapolating those findings to the entire country.
The British government later backed an independent inquiry intended to examine failures or obstruction by police, councils and other public bodies in relevant local areas.
Schubart argued that officials in both countries have sometimes avoided discussing offenders’ backgrounds out of concern that doing so could damage relations with minority communities.
«In the U.K., it’s usually the phrase ‘community relations,’» she said. «There’s a huge effort to not threaten community relations.»
Germany’s ifo Institute reported in February 2025 that its analysis of district-level police data from 2018 through 2023 found no correlation between a rising foreign population and local crime rates, including in areas receiving more refugees.
«We find no correlation between an increasing share of foreigners in a district and the local crime rate,» ifo researcher Jean-Victor Alipour said when the findings were released. «The same applies in particular to refugees.» Researchers said differences in suspect rates can be influenced by age, sex, urban concentration and other demographic factors.
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A woman poses with a sign as members of the public queue to enter a council meeting during a protest calling for justice for victims of sexual abuse and grooming gangs, outside the council offices at City Centre on Jan. 20, 2025, in Oldham, England. (Anthony Devlin/Getty Images)
Germany’s Syrian population also plays a significant role in sectors facing severe labor shortages.
The German Medical Association reported that 7,959 Syrian citizens were working as physicians in Germany at the end of 2025, making Syrians the country’s largest group of foreign doctors.
The competing evidence presents European governments with a difficult test: investigating organized exploitation and demographic patterns without political hesitation, while avoiding the suggestion that hundreds of suspects define millions of immigrants.
immigration, germany, crime world, europe
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