Ben Roberts-Smith, the former Australian SAS soldier facing five counts of murder as war crimes, had planned to leave Australia and had a business class flight booked four days before his arrest at Sydney airport, court documents have revealed. The documents, released by Judge Susan Horan at the Downing Centre Local Court, indicate that investigators consider him a flight risk and say his willingness to return to face prosecution cannot be judged.
Roberts-Smith, a Victoria Cross recipient who once denied the allegations, was granted bail under strict conditions last week, a move opposed by prosecutors. He is accused of killing unarmed, handcuffed civilians in Afghanistan between 2009 and 2012. The Office of the Special Investigator (OSI) expressed concerns that Roberts-Smith was attempting to relocate abroad, possibly to Singapore, Spain, or the US, and had not informed police of his travel plans.
Court documents show Roberts-Smith investigated business opportunities overseas, including a sunshade firm in Thailand and a fitness and wellness business in Spain, and travelled to Myanmar to meet a friend with an avocado farm as part of job prospecting. His partner, Sarah Matulin, said they discussed moving overseas to “create some normalcy in our lives”.
Investigators fear Roberts-Smith might intimidate witnesses or interfere with evidence, citing evidence from his defamation trial where he allegedly instructed witnesses and was given a “burner phone”. Senior investigator Stephen McIntyre stated the case against him is strong, with each murder charge supported by at least one eyewitness statement 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 to Australia, and that he is unemployed with no assets, receiving only a service pension. His lawyer requested the OSI notify her to arrange an arrest by appointment, but Roberts-Smith was arrested at the airport.
