Former SAS soldier Ben Roberts-Smith has successfully varied his bail to attend the opening of the Anzac Hall at the Australian War Memorial in Canberra. However, he has been denied permission to go to a military graduation parade and afterparty north of Sydney due to concerns he might interact with another alleged war criminal, Oliver Schulz.
Background of the Case
Roberts-Smith, 47, was arrested in April and charged with murdering or ordering the murders of five unarmed detainees while deployed in Afghanistan between 2009 and 2012. In a statement at the time of his arrest, he categorically denied all allegations, stating he had always acted within his values, training, and the rules of engagement.
Court Proceedings
Appearing before Sydney's Downing Centre local court on Tuesday, his lawyers applied to vary his bail conditions. Judge Susan Horan permitted him to visit the War Memorial for the opening of the Anzac Hall and Atrium on 23 June but barred him from discussing the criminal cases against himself or Schulz. The court was informed that Roberts-Smith had been invited along with all other living Victoria Cross recipients.
Outside court, Roberts-Smith told reporters it was "absolutely" appropriate for him to attend the opening, given he had received the prestigious military award. Prosecutor Simon Buchen SC did not oppose his attendance at the War Memorial opening or the military parade to see a family friend graduate at Singleton army base on 26 June. However, Buchen objected to the after-party at a function centre in Newcastle, describing it as an uncontrolled event where alcohol would likely be consumed.
Bail Variations Denied
Horan denied his requests to attend the parade and after-party due to the risk of communicating with Schulz, who has also been accused of unlawfully murdering an Afghan national in 2012. Roberts-Smith also applied to move his home address in south-east Queensland, partly to be closer to family. "Today is just about being able to see my [family] and moving back to where we actually live," he told reporters.
Residence and Reporting Conditions
The court heard that Roberts-Smith had to lease a new residence because his parents had sold their home and needed to move back into the property where he currently lives. His barrister, Slade Howell, argued that his client could report to a police station near his home rather than driving to NSW. However, Buchen urged the court to require Roberts-Smith to attend a NSW police station, as only NSW police officers could enforce the bail conditions. Horan will hear further arguments on this proposed variation next week.
Upcoming Trial
Roberts-Smith has not entered pleas to any charges but has stated he will use the upcoming trial to clear his name. He was released on bail in April after his father, Len Roberts-Smith, a former Western Australian Supreme Court judge, paid a $250,000 surety.
Allegations
Australia's most decorated living soldier is accused of machine-gunning Afghan prisoner Mohammed Essa and ordering the execution of his son Ahmadullah to "blood the rookie" during a raid in April 2009. The then SAS soldier allegedly placed firearms on the bodies to falsely claim they were enemy combatants. In August 2012, at Darwan, he is accused of kicking a handcuffed man, Ali Jan, off a 10-metre cliff before ordering him to be dragged to a creek bed and shot. Two months later at Syahchow, he allegedly lined up two prisoners in a cornfield, shot one with another soldier, ordered a subordinate to shoot the other, and threw a grenade on the bodies to cover up the crimes.
