Updated ,first published
A court has varied Ben Roberts-Smith’s bail so that he can attend the opening of the Anzac Hall at the Australian War Memorial in Canberra, despite being restricted from speaking to a number of other invitees.
The former SAS soldier has been charged with five counts of war crime – murder over the alleged executions of Afghan detainees. He denies the allegations.
Appearing at Downing Centre Local Court on Tuesday, the 47-year-old’s legal team applied for his bail conditions to be varied to allow him to attend both ceremonial and social events, including the June 23 opening of Anzac Hall at the Australian War Memorial in Canberra.
Recipients of the Cross of Valour and the Victoria Cross, which Roberts-Smith was awarded, have been invited to attend the event.
His uniform and equipment are still on display at the memorial’s Hall of Valour, despite his criminal charges, a decision which senior historians and former leaders have called “disgraceful” and “ludicrous”.
Roberts-Smith’s bail conditions state he cannot travel outside his home state of Queensland unless for legal or medical appointments. He has also been restricted from contacting witnesses or others involved in the upcoming proceedings.
Roberts-Smith’s barrister, Slade Howell, requested that a temporary exemption be made to travel to Canberra for the Anzac Hall opening and that the condition about “inadvertent” contact with witnesses be lifted during the event.
“[He] doesn’t know the guest list, and could not possibly know every person covered by that [bail condition],” Howell said, adding it could constitute “thousands” of people.
The prosecution agreed to the condition but called for caution. “We are not dealing with a theoretical risk. We have findings of a superior court that the applicant misconducted himself [previously],” the prosecution said.
Judge Susan Horan noted the bail variation would be “hard to monitor” but agreed to the variation, adding a condition that he doesn’t discuss the court proceedings or speak with specific individuals.
Ben Roberts-Smith must give the Office of the Special Investigator details of his journey and accommodation before departure.
Asked if he should attend the event, Roberts-Smith told reporters it was “appropriate” given he had been awarded the Victoria Cross.
He also applied to attend an army recruit graduation parade at Singleton Army Base and the after-graduation celebration in Newcastle, both in NSW, to support a family friend.
The prosecution agreed to Roberts-Smith attending the parade but not the social function. However, Horan refused the application to attend either event, noting the parade was live-streamed and the celebration was an “uncontrolled” social event attended by up to 200 people.
“I hold concerns about varying the bail to permit the applicant to be at both the march-out parade and social function with Oliver Schulz in attendance,” she said.
“I am most concerned about the risk of interference with witnesses or evidence.”
Roberts-Smith also applied to move house from the Gold Coast to Brisbane. “The focus … is to be able to see my [family],” he told reporters outside the court.
However, the court heard the move was prompted by Roberts-Smith and his partner, Sarah Maultin, being kicked out of their Gold Coast apartment by her parents, who own it and want to move back in.
This bail variation condition will be heard on June 23.
The decorated soldier was arrested in dramatic scenes at Sydney Airport on April 7, five days before he had planned to move abroad, and charged with five counts of war crime – murder over the alleged executions of Afghan detainees. Roberts-Smith denies the allegations.
The arrest came after a five-year investigation by the Australian Federal Police (AFP) and Office of the Special Investigator (OSI).
He was released on bail after spending 10 days in custody at Silverwater Correctional Complex. As part of his bail conditions, he was required to surrender his passport, report to police three times a week, live at a Queensland residence, and use only one phone and one laptop, the details of which must be provided to police.
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Amber Schultz is a crime and justice reporter with The Sydney Morning Herald.Connect via X or email.
