Ben Roberts-Smith was planning to leave Australia to stay abroad and had a business class flight in another country booked in 4 days’ time when he was arrested at Sydney airport this month, court documents allege, with investigators telling a court “his willingness to return to Australia to face prosecution cannot be judged”.
Roberts-Smith was in the end granted bail last week under strict conditions, a transfer opposed by prosecutors who mentioned there was potential concern he was a flight danger and would possibly strive to keep away from ever having to face trial for a collection of alleged murders he dedicated in Afghanistan.
He is accused of killing unarmed, handcuffed civilians who had been in the custody of Australian troopers and posed no danger to security, in conditions the place there was no energetic engagement in battle.
Roberts-Smith, a former SAS corporal, a Victoria Cross recipient and as soon as one among Australia’s most lionised troopers, has been charged with 5 counts of the battle crime of homicide, allegedly dedicated whereas on service with the Australian military in Afghanistan between 2009 and 2012.
He has vehemently denied the costs, saying “I categorically deny all of these allegations”.
“And while I would have preferred these charges not be brought, I will be taking this opportunity to finally clear my name. I’m proud of my service in Afghanistan.”
Court documents launched by Judge Susan Horan in the Downing Centre native court on Thursday show Roberts-Smith had investigated business alternatives all over the world, together with a sunshade agency in Thailand and searching for to purchase a health and wellness business in Spain. He travelled to Myanmar to meet with a buddy who owns an avocado farm there, as a part of his “job prospecting overseas”.
Stephen McIntyre, senior investigating officer with the Office of the Special Investigator (OSI), informed the court in a press release that investigators had been involved by Roberts-Smith’s opaque abroad journey plans, about which he had not knowledgeable police or investigators.
“The OSI holds concerns that Roberts-Smith is attempting to relocate to reside in a jurisdiction outside Australia. The ultimate destination and duration of this relocation is unclear as Roberts-Smiths’s booked flights and family suggest Singapore whilst the alternative destinations of Spain or the US have been identified during OSI enquiries. The possibility that Roberts-Smith has intended to disguise his travel plans cannot be excluded.
“Roberts-Smiths’ future willingness to return to Australia to face prosecution cannot be judged. The seriousness of the changes and strength of evidence against him is considerable.”
McIntyre mentioned in addition to issues that Roberts-Smith was a flight danger, investigators feared he would try to intimidate witnesses or intervene with proof earlier than his case got here to trial.
According to the court documents, McIntyre mentioned investigators had proof that Roberts-Smith, throughout his long-running defamation trial, had instructed witnesses about their testimony, and that investigators additionally possessed proof a “burner phone” was given to a witness showing on behalf of Roberts-Smith.
McIntyre mentioned the case towards Roberts-Smith was sturdy, with every cost of homicide supported by “at least one eyewitness account from witness(es) who have provided a signed statement to investigators”.
One homicide allegation – that of a male prisoner often called Ahmadullah in 2009 – is supported by the proof of 5 witnesses, court documents allege.
“Images of each deceased are also available for prosecution use,” McIntyre mentioned.
Roberts-Smith, in his personal affidavit, mentioned he had travelled abroad 28 instances since 2018 – when allegations of battle crimes towards him had been first made public – and had at all times returned to Australia. He mentioned he has often stopped for questioning at airports all over the world, together with in Thailand, Fiji and on returning to Australia.
Roberts-Smith informed the court he was unemployed, had no property, and acquired solely a service pension of $4,500 a fortnight.
Roberts-Smith’s lawyer, Karen Espiner, mentioned she had contacted the OSI “requesting that, in the event the OSI intended to arrest Mr Roberts-Smith, they notify me so that I could coordinate an arrest by appointment”.
Roberts-Smith’s associate, Sarah Matulin, supplied an affidavit to the court in help of his bail utility – which included her dad and mom vacating their home for Matulin and Roberts-Smith to stay in. She informed the court they needed to transfer abroad to escape the notoriety of Roberts-Smith’s failed defamation motion.
“Several years ago, Ben and I started discussing the possibility of us moving overseas to try to create some normalcy in our lives. Ben has been unable to secure stable employment since leaving Seven Network after the defamation judgement was published in June 2023. The media coverage of the proceedings both before, during and after the defamation trial made it untenable for Ben to be able to secure stable, long-term employment.
“Ben and I had agreed that neither his life, nor mine, could continue to remain on pause in Australia waiting for the Office of the Special Investigator to charge him.”
Matulin mentioned she believed Roberts-Smith would return to face trial.
“I have had countless discussions with Ben since the very start of our relationship in around 2020 that if he was ever criminally charged he would remain in (or return to) Australia to face the charges.”
