Ben Roberts-Smith, a former Australian Special Air Service (SAS) soldier and recipient of the Victoria Cross, has had his bail conditions varied to allow him to attend the opening of the Anzac Hall at the Australian War Memorial in Canberra. The move, approved by Judge Susan Horan in Sydney's Downing Centre local court on Tuesday, comes as Roberts-Smith faces serious charges of murder and ordering murders during his deployment in Afghanistan between 2009 and 2012.
The case has sparked widespread interest in Australia, with many wondering how the country's most decorated living soldier will navigate the upcoming trial. For British readers, the story raises important questions about the treatment of military personnel accused of war crimes and the complex relationship between national pride and accountability. With reports suggesting that Roberts-Smith was machine-gunning an Afghan prisoner, ordering the execution of another to 'blood the rookie', and kicking a handcuffed man off a 10-metre cliff before he was shot, the stakes are high.
Prosecutor Simon Buchen SC did not oppose Roberts-Smith's attendance at the War Memorial opening, which is expected to be attended by all living recipients of the Victoria Cross. However, Judge Horan expressed concerns that Roberts-Smith might interact with Oliver Schulz, another individual accused of unlawfully murdering an Afghan national, at an after-party north of Sydney where alcohol would likely be consumed.
Roberts-Smith has also sought to change his primary residence in south-east Queensland, citing a desire to be closer to his family. This application was partially prompted by his parents selling their home and needing to move back into his current residence. His barrister, Slade Howell, argued that reporting to a local police station in Queensland would be equally effective as travelling to New South Wales to fulfil bail requirements.
Roberts-Smith was released on bail in April following a £130,000 (AUD$250,000) surety paid by his father, a former Western Australian supreme court judge. He has not yet entered pleas to the charges and has publicly stated his intention to use the upcoming trial as an opportunity to clear his name.