A Sydney court has approved a variation in bail conditions for former SAS soldier Ben Roberts-Smith, permitting him to relocate from the Gold Coast to Brisbane to live closer to his teenage daughters. The 47-year-old Victoria Cross recipient faces multiple charges including the murder of five unarmed detainees during deployments in Afghanistan between 2009 and 2012.
Bail Variation Granted
On Tuesday, Sydney's Downing Centre Local Court heard that Roberts-Smith, who was arrested in April, currently resides with his partner in a property owned by her parents. However, the parents have sold their home and intend to move into that residence, forcing Roberts-Smith to seek alternative accommodation. His lawyers requested a change to his bail conditions to allow him to lease a new home in southeast Queensland.
Judge Susan Horan acknowledged the predicament, stating, "It's a chicken and an egg situation. He wants to understand the position of the court before he goes and secures accommodation, and I appreciate that." The judge deemed it appropriate for Roberts-Smith to move once his new address is provided and verified by the Director of Public Prosecutions.
Revised Reporting Requirements
The court also adjusted his reporting obligations to reduce the burden of travel. Previously required to report to a New South Wales police station three times a week—a three-hour round trip—Roberts-Smith must now report there only once weekly, with an additional two reports per week at a station in southeast Queensland.
In mid-June, his bail was varied to allow attendance at the opening of ANZAC Hall at the Australian War Memorial in Canberra. However, his barrister Slade Howell informed the court that plans changed due to illness: "Mr Roberts-Smith fell ill in the last couple of days and hasn’t travelled to Canberra today to attend the official opening at the War Memorial."
Previous Court Restrictions
Last week, a court denied Roberts-Smith's request to attend an army graduation ceremony in the Hunter Valley, citing concerns he might encounter a key witness in his upcoming war crimes trial. Roberts-Smith has not entered pleas to any charges but has stated his intention to clear his name during the trial.
Details of Allegations
Australia's most decorated living soldier is accused of machine-gunning Afghan prisoner Mohammed Essa and ordering the execution of his son Ahmadullah to "blood the rookie" during a raid in April 2009. Court documents allege he placed firearms on the bodies to falsely claim they were enemy combatants.
In August 2012, at the village of Darwan, Roberts-Smith is accused of kicking a handcuffed man named Ali Jan off a 10-metre cliff before ordering him dragged to a creek bed and shot. Two months later at Syahchow, he allegedly lined up two prisoners in a corn field, shot one with another soldier, and ordered a subordinate to shoot the other before throwing a grenade on the bodies to cover up the acts, prosecutors allege.
