Ben Roberts-Smith, the former Australian SAS soldier accused of war crimes, was planning to leave Australia and had a business class flight booked out of the country four days before his arrest at Sydney airport, according to court documents. The documents, released by Judge Susan Horan at the Downing Centre Local Court, reveal that investigators expressed concerns about his potential flight risk.
Roberts-Smith, a Victoria Cross recipient, faces five counts of murder for allegedly killing unarmed civilians while serving in Afghanistan between 2009 and 2012. He has denied the charges, stating he is 'proud of my service' and intends to 'clear my name'. Prosecutors opposed his bail, citing fears he might not return for trial.
The court heard that Roberts-Smith had researched business opportunities abroad, including a sunshade firm in Thailand and a wellness business in Spain. He also travelled to Myanmar to visit a friend with an avocado farm. His partner, Sarah Matulin, said in an affidavit that they discussed moving overseas to 'create some normalcy in our lives'.
Senior investigator Stephen McIntyre of the Office of the Special Investigator told the court that Roberts-Smith's travel plans were opaque and that his willingness to return to Australia could not be judged. McIntyre also raised concerns about potential witness intimidation and evidence tampering, citing evidence that Roberts-Smith instructed witnesses during his defamation trial and that a 'burner phone' was given to a witness.
Roberts-Smith was granted bail under strict conditions. In his own affidavit, he said he had travelled overseas 28 times since 2018 and always returned. He stated he is unemployed, has no assets, and receives a service pension of $4,500 per fortnight.
