Ben Roberts-Smith, a war veteran and recipient of the Victoria Cross, has had his bail conditions adjusted to allow him to participate in an event at the Australian War Memorial in Canberra next week. The modification was approved by the court, which recognized his invitation as a distinguished veteran.
The prosecution did not object to this alteration, although they expressed concerns regarding the possibility of Mr. Roberts-Smith unintentionally violating another bail condition related to contact with potential witnesses, which is currently under a suppression order.
Mr. Roberts-Smith has been on bail since mid-April when a Sydney court determined that it may take years for his case to be resolved, and any risks identified by prosecutors could be addressed through specific bail conditions. The former soldier is currently facing five charges of war crimes linked to allegations of murdering unarmed Afghan nationals during his deployments in Afghanistan in 2009 and 2012. He has firmly denied these charges and intends to prove his innocence in court.
On Tuesday, Mr. Roberts-Smith appeared at the Downing Centre Local Court in Sydney, where his legal team requested several modifications to his bail conditions. These modifications were aimed at facilitating his attendance at the upcoming event in Canberra without violating existing stipulations. The formal opening of a gallery space at the Anzac Atrium within the memorial is scheduled for June 23.
While prosecutors acknowledged the modified bail conditions, they reiterated their concerns regarding the risk of inadvertent breaches of the conditions related to witness contact. Simon Buchen SC, representing the Commonwealth Director of Public Prosecutions, remarked that investigators would be cautious about the potential challenges posed by the situation, suggesting that any inadvertent violations would likely not result in severe repercussions.
Judge Susan Horan approved the bail variation, emphasizing that the revised conditions would alleviate the concerns raised by the prosecution, such as the risks of failing to appear in court and interfering with witnesses. However, Mr. Roberts-Smith’s legal team also sought permission for him to attend a military graduation ceremony and a related social event later this month in Singleton and Newcastle, respectively.
Slade Howell, representing Mr. Roberts-Smith, explained that family and friends typically attend the “march out” parade, which is also streamed online. However, Mr. Buchen cautioned that the post-graduation gathering appeared to be an informal event, lacking a specified venue and potentially involving a large number of attendees, thus increasing the risk of alcohol consumption.
Judge Horan ultimately denied the request for Mr. Roberts-Smith to attend these additional events, distinguishing them from the formal nature of the war memorial ceremony. She noted that the parade is livestreamed, allowing him to participate in a different capacity while still honoring the significance of the occasion.
A further request from Mr. Roberts-Smith’s attorneys regarding changes to his living arrangements and reporting obligations to law enforcement has been postponed and will be addressed in a court session next week. Mr. Roberts-Smith has been excused from attending that upcoming court appearance.
