Ben Roberts-Smith, the former SAS soldier and Victoria Cross recipient 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, court documents allege. Investigators told a court that his willingness to return to Australia to face prosecution could not be judged.
Roberts-Smith was granted bail last week under strict conditions, a move opposed by prosecutors who argued he was a flight risk and might try to avoid trial for five counts of murder allegedly committed in Afghanistan between 2009 and 2012. The charges relate to the killing of unarmed, handcuffed civilians in custody of Australian soldiers.
Court documents released on Thursday reveal Roberts-Smith had investigated business opportunities overseas, including a sunshade firm in Thailand and a fitness and wellness business in Spain. He also travelled to Myanmar to meet a friend with an avocado farm as part of his job prospecting. Stephen McIntyre, senior investigating officer with the Office of the Special Investigator, expressed concerns that Roberts-Smith was attempting to relocate to a jurisdiction outside Australia, with possible destinations including Singapore, Spain or the US.
McIntyre also said investigators feared Roberts-Smith might intimidate witnesses or interfere with evidence, citing evidence that he had instructed witnesses during his defamation trial and that a burner phone was given to a witness. The case against him is strong, with each murder charge supported by at least one eyewitness account and images of the deceased available for prosecution.
Roberts-Smith, in his own affidavit, 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 a fortnight. His lawyer, Karen Espiner, had requested notification from investigators before any arrest, but this was not provided.
