Australian War Memorial event attendance by Ben Roberts-Smith amid war crime charges
Consensus Summary
Ben Roberts-Smith, a former SAS soldier and Victoria Cross recipient, had his bail conditions varied on 2026-06-16 to allow him to attend the opening of Anzac Hall at the Australian War Memorial in Canberra on 2026-06-23. Roberts-Smith faces five counts of war crime murder related to alleged killings of unarmed Afghan detainees during deployments in Afghanistan between 2009 and 2012. His bail was initially granted in April 2026 after his father posted a $250,000 surety. While prosecutors did not oppose his attendance at the War Memorial event, they raised concerns about potential breaches of bail conditions related to contact with witnesses. Judge Susan Horan approved the variation for the War Memorial event but denied requests for Roberts-Smith to attend a military graduation parade and afterparty in Singleton and Newcastle, citing risks of interaction with Oliver Schulz, another alleged war criminal. Roberts-Smith also sought to change his living arrangements to be closer to family, but this was delayed for further hearings. Both sources agree on the core facts of the bail variation and the charges against Roberts-Smith, though the Guardian provides additional details about specific allegations and his legal arguments.
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Key details reported by multiple sources:
- Ben Roberts-Smith's bail was varied on 2026-06-16 to allow him to attend the opening of Anzac Hall at the Australian War Memorial in Canberra on 2026-06-23
- Roberts-Smith is charged with five counts of war crime murder related to alleged killings of unarmed Afghan detainees in Afghanistan between 2009 and 2012
- Roberts-Smith was invited to the War Memorial event as a Victoria Cross recipient
- Judge Susan Horan approved the bail variation for the War Memorial event but barred Roberts-Smith from discussing the criminal cases against himself or Oliver Schulz
- Roberts-Smith was denied attendance at a military graduation parade and afterparty in Singleton and Newcastle due to concerns about contact with Oliver Schulz, another alleged war criminal
- Roberts-Smith's bail was granted in April 2026 after his father, Len Roberts-Smith (a former Western Australian supreme court judge), paid a $250,000 surety
- Roberts-Smith has not entered pleas to the charges and plans to clear his name at trial
- Prosecutor Simon Buchen SC did not oppose Roberts-Smith's attendance at the War Memorial event or the military parade but opposed the afterparty due to it being an uncontrolled event with potential alcohol consumption
Points of Difference
Details reported by only one source:
- Roberts-Smith told reporters outside court that it was 'absolutely' appropriate he attend the War Memorial opening as he had received the Victoria Cross
- Roberts-Smith applied to move his home address in south-east Queensland to be closer to family, citing his parents had sold their home and he needed to lease a new residence
- Roberts-Smith's barrister, Slade Howell, argued that his client could report to a police station near his new home rather than driving to NSW
- Prosecutor Buchen urged the court to force Roberts-Smith to attend a NSW police station for bail conditions, stating only NSW police could enforce them
- Roberts-Smith allegedly machine-gunned Afghan prisoner Mohammed Essa and ordered the execution of his son Ahmadullah in 2009, and placed firearms on their bodies to falsify claims they were enemy combatants
- Roberts-Smith is accused of kicking a handcuffed man named Ali Jan off a 10-metre cliff in August 2012 at Darwan, then ordering his execution, and of shooting two prisoners in a cornfield at Syahchow in October 2012, followed by a grenade attack on their bodies
- Roberts-Smith stated in April that he 'categorically denied all allegations' and had 'always acted within my values, within my training and within the rules of engagement'
- The court heard Roberts-Smith's attendance at the War Memorial event could place him at risk of 'inadvertently' breaching a bail condition about contact with potential Crown witnesses, subject to a suppression order
- Prosecutor Buchen said investigators would be 'alive to the difficulties posed by the circumstances' and that an inadvertent breach was unlikely to result in adverse action
- Roberts-Smith's lawyers sought three bail variations: attendance at the War Memorial event, attendance at a military graduation parade and afterparty, and changes to his living arrangements and police reporting requirements
- Judge Horan stated the military graduation parade was livestreamed, making physical attendance unnecessary
- Roberts-Smith was excused from attending court on the next occasion
Contradictions
Conflicting information between sources:
- The Guardian states Roberts-Smith was barred from discussing the criminal cases against himself or Schulz, while the ABC does not explicitly mention this restriction in its report
- The Guardian includes specific allegations about Roberts-Smith's actions in Afghanistan (e.g., machine-gunning Mohammed Essa, kicking Ali Jan off a cliff), while the ABC does not detail these specific incidents
Source Articles
Ben Roberts-Smith’s bail varied so alleged war criminal can attend Australian War Memorial opening
Former SAS soldier had been invited along with all other living Victoria Cross recipients, judge told Get our breaking news email , free app or daily news podcast Former SAS soldier Ben Roberts-Smith has successfully varied his bail to attend the opening of the Anzac Hall at the Australian War Memorial in Canberra. However he has not been allowed to go to a military graduation parade and afterparty north of Sydney due to concerns he might interact with another alleged war criminal, Oliver Schulz
Ben Roberts-Smith's bail conditions varied to attend war memorial event
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.