Ben Roberts-Smith’s bail varied so alleged war criminal can attend Australian War Memorial opening

Lead

Ben Roberts-Smith, a former Special Air Service Regiment (SASR) soldier facing five counts of war crime murder, will attend the official opening of a new gallery at the Australian War Memorial in Canberra after his bail conditions were varied by a Sydney court. The variation, granted last week, allows him to travel to the capital for the event, which is part of the memorial's controversial $550 million extension.

The opening of ANZAC Hall and the Anzac Atrium on June 23 will be led by an address from Prime Minister Anthony Albanese, and parliament will adjourn early so politicians can attend. Roberts-Smith's attendance has been a focal point of coverage, with the war memorial's director describing the invitation as "standard practice" for Victoria Cross recipients.

Coverage comparison

Reports from ABC Australia and The Guardian — World have both focused on the bail variation and Roberts-Smith's upcoming attendance, with similar emphasis on the war crimes charges he faces. ABC Australia's coverage spans multiple articles, one highlighting the controversy around the war memorial's extension and the parliamentary adjournment, another detailing the court proceedings and bail conditions, and a third quoting the memorial's director on the invitation policy.

The Guardian, in its account, also reports the bail variation and adds details about other requests denied by the court, including a ban on attending a military graduation afterparty due to concerns about contact with another alleged war criminal. Both outlets attribute the court's decision to the judge, Susan Horan, who granted the variation with conditions.

Key Claims

• Roberts-Smith has been invited to the Australian War Memorial event as a Victoria Cross recipient, a fact confirmed by multiple sources.
• He faces five counts of war crime murder related to alleged incidents in Afghanistan in 2009 and 2012, involving what investigators say were unarmed Afghan nationals.
• The court varied his bail conditions to allow attendance at the event, but prosecutors raised concerns about potential "inadvertent" contact with Crown witnesses.
• Judge Susan Horan said she was satisfied the altered conditions would mitigate those concerns.
• Australian War Memorial director Matt Anderson said it is "standard practice" to invite Victoria Cross recipients to major commemorative events.
• The new gallery space at the memorial includes items related to the Afghanistan conflict.
• Parliament adjourned early to allow members to attend the event, with Prime Minister Anthony Albanese expected to deliver a speech.
• Roberts-Smith has categorically denied all allegations against him and says he plans to fight to clear his name in court.

Perspectives

Australian War Memorial Director Matt Anderson: He defends the invitation, stating it is "standard practice" for the four living Victoria Cross recipients to be invited to major commemorative events. He also noted the memorial must address the consequences of the Afghanistan war, including the inquiry report, as part of its galleries.

Prosecution (Commonwealth Director of Public Prosecutions): Prosecutors did not oppose the bail variation but raised concerns about the risk of inadvertent contact with Crown witnesses. Simon Buchen SC, for the prosecution, argued that while investigators would be alert to the difficulties, the risk was present. The judge's conditions were designed to mitigate this.

Ben Roberts-Smith: Roberts-Smith has denied all allegations and asserts his intention to clear his name in court. He told reporters outside court that it was "absolutely" appropriate for him to attend the opening given his Victoria Cross, and he argued that all living recipients were invited.