War veteran Ben Roberts-Smith’s bail conditions have been varied so he can attend an opening at the Australian War Memorial in Canberra next week.
Mr Roberts-Smith has been on bail since mid-April, when a Sydney court found that it would take years for his case to be heard and any risks raised by prosecutors could be mitigated through bail conditions.
The former Special Air Service Regiment (SASR) soldier faces five counts of war crime murder, which relate to deployments in Afghanistan in the years 2009 and 2012 and involve what investigators allege were unarmed Afghan nationals.
He has categorically rejected the allegations and said he plans to fight to clear his name in court.
Mr Roberts-Smith attended Sydney’s Downing Centre Local Court on Tuesday where his lawyers sought multiple variations to his conditions, including changes that will allow him to travel to the Canberra event without breaching existing conditions.
An official opening will be held for gallery space at the Anzac Atrium within the war memorial on June 23.
The court heard Mr Roberts-Smith was invited as a Victoria Cross recipient.
Mr Roberts-Smith requested three bail variations. (ABC News: Floss Adams)
Concerns of potential ‘inadvertent’ bail breach
But while prosecutors did not oppose the change to allow him to attend, concerns were raised that his attendance had the potential to place him at risk of “inadvertently” breaching a different bail condition about contact with potential Crown witnesses, which was the subject of a suppression order.
Simon Buchen SC, for the Commonwealth Director of Public Prosecutions, told the court investigators would be “alive to the difficulties posed by the circumstances” and if there was an inadvertent breach, it was “difficult to see” any adverse action being taken.
Judge Susan Horan granted the variation by placing altered conditions on his bail arrangements.
She said she was satisfied the altered conditions would mitigate the concerns raised by the Crown, including the risk of failing to appear and the risk of interfering with witnesses.
Mr Roberts-Smith’s lawyers sought a second variation to allow him to attend a military graduation and associated social gathering at the end of the month, in Singleton and Newcastle respectively.
Slade Howell, representing the veteran, said family and friends usually watched the so-called “march out” parade, which the court heard was also livestreamed.
‘Uncontrolled social function’
Mr Roberts-Smith has been charged with five counts of the war crime of murder. (AAP: Alan Porritt )
Mr Buchen said prosecutors did not oppose the variation with appropriate conditions, but said the plans for the post-graduation gathering were vague, with no venue identified and an estimate of 100-200 people in attendance.
“In short, it’s an uncontrolled social function,” he said, adding that it could be assumed alcohol would be involved.
Mr Buchen argued that the change appeared inappropriate given the seriousness of the charges.
Judge Horan declined to make a bail variation to allow Mr Roberts-Smith to attend both of those events.
She said those events were in a different category to the war memorial event, which was a formal ceremony conducted by invitation.
“Whilst I understand this is important to him, it is live streamed, such that he can still observe the march out parade in that way,” she said in declining to make the requested changes.
A third request from Mr Roberts-Smith’s lawyers involves changes to his living arrangements and where he is required to report to police multiple times each week.
However, that issue has been delayed and will be heard next week.
Mr Roberts-Smith was excused from attending court on the next occasion.
