Ben Roberts-Smith planned to leave Australia and researched buying a wellness business in Spain, according to court documents released on Thursday. The former SAS corporal, who faces five counts of war crime murder, was arrested at Sydney airport earlier this month with a business class flight booked for four days later.
Flight Risk Concerns
Prosecutors opposed bail, citing concerns he was a flight risk. Stephen McIntyre, senior investigating officer with the Office of the Special Investigator (OSI), told the court that Roberts-Smith's overseas travel plans were opaque and that he had not informed police or investigators. "The OSI holds concerns that Roberts-Smith is attempting to relocate to reside in a jurisdiction outside Australia. The ultimate destination and duration of this relocation is unclear," McIntyre said.
Investigators noted that Roberts-Smith had looked into business opportunities in Thailand, Spain, and the United States, and had traveled to Myanmar to meet a friend with an avocado farm. The court documents allege that he also researched buying a fitness and wellness business in Spain.
Allegations and Denials
Roberts-Smith, a Victoria Cross recipient and once celebrated as one of Australia's most decorated soldiers, is accused of killing unarmed, handcuffed civilians in Afghanistan between 2009 and 2012. He has vehemently denied the charges, stating, "I categorically deny all of these allegations. I'm proud of my service in Afghanistan."
The court heard that each murder charge is supported by at least one eyewitness account, with one allegation backed by five witnesses. Images of each deceased are also available for prosecution use.
Bail Granted Under Strict Conditions
Despite prosecution objections, Roberts-Smith was granted bail last week under strict conditions. His partner, Sarah Matulin, provided an affidavit supporting his bail application, including her parents vacating their house for the couple to live in. Matulin stated that they wanted to move overseas to escape the notoriety of Roberts-Smith's failed defamation action.
"Several years ago, Ben and I started discussing the possibility of us moving overseas to try to create some normalcy in our lives," Matulin said. She added that she believed Roberts-Smith would return to face trial if charged.
Roberts-Smith, who is unemployed and receives a service pension of $4,500 a fortnight, told the court he has traveled overseas 28 times since 2018 and always returned to Australia. His lawyer, Karen Espiner, said she had requested that the OSI notify her before arresting him to coordinate an arrest by appointment.
