Andrew L. Urban
The handling of Ben Roberts-Smith bail restrictions is becoming farcical, with prosecutors picking and choosing which of two events he can attend – and the judge denying permission for both.
Local court Judge Susan Horan has overruled prosecutors and refused to allow Victoria Cross awardee Ben Roberts-Smith to attend the graduation parade of Henry Diddams, the son of an SAS sergeant killed fighting the Taliban in 2012, Blaine Diddams.
Roberts-Smith also wanted to attend a celebration party afterwards in Newcastle with 100 to 200 other friends and family of the trainee soldiers, a request the prosecution successfully opposed.
Judge Horan said there was a risk Roberts-Smith, who has been charged with five counts of the war crime of murder, would speak to another ex-SAS soldier, Oliver Schulz, who has also been charged with executing a prisoner in Afghanistan.
“There are concerns about Oliver Schulz being present at both the march-out parade and the social function afterwards,” Judge Horan said in court today. “The application is refused. If the bail is varied it is likely he will come into contact with Oliver Schulz.”
An ex-SAS soldier, Schulz is the only other veteran of the war to be charged with war crimes. Arrested almost four years ago, his trial is scheduled for early 2027.
Considering all the circumstances of this case, it is hard not to think that the presumption of innocence is being suspended. And if Judge Horan is concerned that Roberts-Smith might speak to Schulz (“come into contact with”), she could impose an order to disallow that to happen. But Schulz is permitted to attend while also facing trial.