Ben Roberts-Smith Cleared to Attend War Memorial Event, June 17

Former SAS soldier Ben Roberts-Smith won a court order on June 16 to attend the Australian War Memorial opening on June 23. The 47-year-old faces five counts of war crime murder related to alleged killings of unarmed Afghan detainees between 2009 and 2012. Judge Susan Horan varied his bail conditions to allow the trip while keeping restrictions on contact with potential witnesses. Roberts-Smith has denied all charges and says he will fight to clear his name in court.

Court Grants Limited Travel Permission

Judge Susan Horan at Sydney’s Downing Centre Local Court permitted Roberts-Smith to travel to Canberra for the June 23 opening of the Anzac Hall and Atrium at the Australian War Memorial. Roberts-Smith was invited as a Victoria Cross recipient, alongside all other living holders of the award. The prosecutor did not oppose his attendance at the memorial event. Horan placed altered conditions on his bail to mitigate concerns about potential breaches of witness contact restrictions.

Witness Contact Remains Restricted

Roberts-Smith’s bail conditions normally prevent him from contacting witnesses or others involved in the war crimes proceedings. His legal team argued the guest list could include thousands of people he cannot identify. Prosecutors raised concerns about inadvertent breaches but agreed the altered conditions would mitigate risks. Prosecutor Simon Buchen told the court investigators would be aware of the difficulties and unlikely to take action if an accidental breach occurred.

Other Requests Denied

Roberts-Smith sought permission to attend a military graduation parade on June 26 and an after-party in Newcastle. Judge Horan denied the after-party request, citing concerns about alcohol and potential contact with Oliver Schulz, another soldier facing war crime charges. Roberts-Smith also sought to move his home address in Queensland to be closer to family, but the court required him to remain in NSW for police reporting.

Background on the Charges

Roberts-Smith was arrested in April 2026 and released on bail after his father, a former Western Australia Supreme Court judge, paid a 250,000 AUD surety. He faces allegations of machine-gunning an Afghan prisoner in April 2009 and ordering the execution of his son to blood a rookie soldier. In August 2012, he allegedly kicked a handcuffed man off a 10-metre cliff. Roberts-Smith has not entered pleas and maintains he acted within his training and rules of engagement.

Final Thoughts

Roberts-Smith won limited freedom to attend the War Memorial opening but remains heavily restricted. His case will take years to resolve, and any trial is distant. The court’s decision shows judges balancing public appearances against witness protection in high-profile cases.

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