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In brief:
- Court documents released Thursday show Roberts-Smith investigating opportunities overseas.
- A written affadavit from his partner insists it was not the couple’s intention to flee.
Before his arrest, Ben Roberts-Smith was exploring business ventures abroad, although his partner insists the war veteran planned to come back home if any criminal charges arose.
The former SAS member found himself in custody on April 7, facing charges related to the alleged killing or ordering the execution of five unarmed prisoners during his service in Afghanistan from 2009 to 2012.
After being granted bail on Friday, Roberts-Smith was released from detention, with his father, Len Roberts-Smith—a retired judge from the Supreme Court of Western Australia—providing a $250,000 surety.
Documents from the 47-year-old’s bail hearing at Sydney’s Downing Centre Local Court, made public on Thursday, reveal his and partner Sarah Matulin’s intentions to start a business outside Australia.
In a court affidavit, Matulin explained their desire to leave Australia to achieve a sense of normalcy, while emphasizing Roberts-Smith’s commitment to return if faced with legal charges.
“We have never planned to run away from this and have always intended to face the criminal charges if they presented,” she wrote.
“We have had countless discussions that if he was ever requested to do so, he would hand himself into police custody voluntarily.”
In March 2023, Roberts-Smith contacted the chief executive of an outdoor weather protection firm in Chiang Mai, Thailand, looking to meet business contacts over a beer.
By October, the couple had become serious about moving overseas, contacting a friend who owned an avocado farm in Myanmar to discuss opportunities, Matulin wrote.
Later that month, Roberts-Smith had started inquiring about buying a fitness and wellness business in Spain, and began the visa process to move there.
Matulin said it was no secret they wanted to move to Spain because they had openly discussed this with family and friends.
In his own affidavit, Roberts-Smith said he had flown overseas 28 times since 2018 — including a taxpayer-funded trip to the UK for Queen Elizabeth II’s funeral in 2022.
He had always returned despite knowing he was being investigated for war crimes, he wrote.
His lawyer Karen Espiner revealed in another affidavit that she offered to have her client arrested by “appointment” by handing himself in at a police station if police disclosed he was going to be charged.
The solicitor said Roberts-Smith did not tell the Officer of the Special Investigator — which was probing the war crime allegations — of the Spanish plans because there were no restrictions on his travel at the time.
The Victoria Cross recipient has consistently proclaimed his innocence, including during a failed defamation action against publisher Nine over articles detailing a number of alleged war crimes.
While the war veteran’s former employer Kerry Stokes had funded the defamation proceedings, Roberts-Smith revealed he had to liquidate all his assets to fund the later failed appeals.
His parents also coughed up $400,000 to pay for his legal costs, his affidavit says.
“I have no assets and my personal savings are significantly depleted,” he wrote.
Roberts-Smith receives a service pension of $4500 a fortnight, his affidavit says.
He is accused of machine-gunning an Aghan prisoner Mohammed Essa and ordering the execution of his son Ahmadullah to “blood the rookie” during a raid at a compound called Whiskey 108 in April 2009.
Ahmadullah had a prosthetic leg.
The then-SAS soldier placed firearms on the bodies to falsely claim they were enemy combatants, court documents seen by AAP say.
In August 2012 at the village of Darwan, Roberts-Smith is accused of kicking a hand-cuffed Ali Jan off a 10 metre cliff before ordering that he be dragged over a creek bed and shot.
Two months later at Syahchow, he allegedly lined up two prisoners in a corn field, shooting one of them with another soldier.
He ordered a subordinate to shoot the other before throwing a grenade on the bodies to cover up what he had done, court documents say.
The matter will return to court on June 2.
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