Ben Roberts-Smith Granted Bail Move to Brisbane on July 28

Ben Roberts-Smith, a 47-year-old former SAS soldier charged with five counts of war crime murder, has won a court order to move from the Gold Coast to Brisbane. Judge Susan Horan granted the bail variation on Monday at the Downing Centre Local Court, allowing him to live closer to his teenage daughters while he awaits trial. Roberts-Smith was arrested in April and faces allegations of killing five unarmed men in Afghanistan between 2009 and 2012. He has consistently denied any wrongdoing.

What the court approved

Judge Susan Horan granted Roberts-Smith’s bail variation application on Monday. The former soldier can now move his approved residence from the Gold Coast to Brisbane. He had lodged the application at the Downing Centre Local Court last month, citing his desire to be closer to his family. The judge also approved his attendance at two special ceremonies for veterans in the ACT and NSW.

Bail conditions remain strict

Roberts-Smith remains subject to strict conditions imposed after his April arrest. He must surrender his passport, restrict his travel outside Queensland except for legal or medical appointments, and report to a police station three times a week. He is banned from contacting any prosecution witness directly or through another party. He can use only one phone and one laptop, with details provided to police.

The charges and allegations

Roberts-Smith faces five counts of war crime murder. The first two charges relate to the alleged killing of two men at a compound called Whiskey 108 at Kakarak on 12 April 2009. He is alleged to have ordered another officer to kill one man and shot another man who had a prosthetic leg. The third charge involves the alleged murder of Afghan shepherd Ali Jan in Darwan in September 2012, when Roberts-Smith allegedly kicked the handcuffed man off a cliff before ordering a junior soldier to shoot him. The final two charges relate to alleged killings at Syahchow in October 2012. Roberts-Smith has yet to enter pleas but has consistently denied any wrongdoing.

Next court appearance

Roberts-Smith will return to court on 1 September 2026. His Federal Court defamation case against Nine Newspapers failed, with the court finding against him on the civil standard of the balance of probabilities. However, criminal charges require proof beyond a reasonable doubt, which is a higher legal threshold. The case stems from allegations investigated in the Brereton inquiry, which concluded that Australian soldiers murdered 39 civilians and prisoners during the Afghanistan war.

Final Thoughts

Roberts-Smith’s move to Brisbane represents a tactical court win but does not alter his serious criminal exposure. With trial still months away and strict bail conditions intact, the case remains one of Australia’s most high-profile military prosecutions.

FAQs

Disclaimer:

The content shared by Meyka AI PTY LTD is solely for research and informational purposes.  Meyka is not a financial advisory service, and the information provided should not be considered investment or trading advice.