Sydney court eases Roberts-Smith bail for War Memorial event

A Sydney court on Tuesday varied bail conditions for former SAS soldier Ben Roberts-Smith, allowing him to attend the opening of the Anzac Hall and Atrium at the Australian War Memorial in Canberra on 23 June. Roberts-Smith, 47, was arrested in April and faces charges over the alleged murder of five unarmed detainees in Afghanistan between 2009 and 2012. He has denied the allegations and has not entered pleas.

Judge Susan Horan approved the limited variation after Roberts-Smith’s lawyers applied to change the terms of his bail. The court said he must not discuss any ongoing criminal proceedings while attending the War Memorial event.

The court denied a separate request for Roberts-Smith to attend a military graduation parade and related events connected to a family friend. Prosecutors argued that the event raised a risk of unauthorized contact between Roberts-Smith and Oliver Schulz, who is also facing charges over the alleged unlawful killing of an Afghan national during a 2012 deployment.

Limits on travel and contact

Prosecutor Simon Buchen SC did not oppose Roberts-Smith attending the War Memorial opening, according to the account presented in court. Judge Horan said the conditions are intended to prevent any communication about the cases involving Roberts-Smith or Schulz.

Roberts-Smith also sought permission to attend an after-party at a function venue in Newcastle. Prosecutors opposed that request, arguing it would be an uncontrolled setting where alcohol would likely be consumed, and the court rejected it.

Surety and proposed address change

Roberts-Smith remains on bail after a $250,000 surety payment. The court deferred a decision on a proposed change to his residential address in south-east Queensland, with further arguments scheduled for next week.

Prosecutors argued that bail reporting requirements should remain under New South Wales police jurisdiction to ensure compliance with the existing orders. The court is expected to hear additional submissions on the address change and reporting arrangements when the matter returns.

Further court dates are expected as the case proceeds and bail conditions are reviewed.