Roberts-Smith visits police amid reports of bold legal bid
Source: ABC
Ben Roberts-Smith has checked in with police for the first time amid a report his lawyers are considering applying to permanently halt criminal proceedings against him because of concerns that he may not get a fair trial.
Wearing a light grey-coloured singlet, dark grey shorts and grey runners, the Victoria Cross recipient visited a NSW police station on Monday morning to comply with the terms of his bail.
Australia’s most decorated living soldier – who is awaiting trial on allegations of war crimes – was approached by media as he went in and out of the building.
Roberts-Smith gave a thumbs up to a person who called out that he was “legend” before leaving the area in a silver Audi driven by his partner, Sarah Matulin.
The former SAS soldier was arrested and charged on April 7 with murdering or ordering the murders of five unarmed detainees while deployed in Afghanistan between 2009 and 2012.
Roberts-Smith walked out of prison last Friday for the first time in a week after being granted bail by a Sydney court with a $250,000 surety.
Under the terms of his bail, Roberts-Smith must report to police three times a week, allow access to his electronic devices and has forfeited his passport.
The prosecution described the allegations against him as gravely serious, labelling the case “strong” with eyewitnesses to the alleged murders.

Ben Roberts-Smith and partner Sarah Matulin outside a Sydney police station on Monday. Photo: AAP
It is expected to be years before Roberts-Smith faces court on the charges. However, The Australian reported on Monday that his lawyers are examining the prospect of a permanent stay application because of exceptional media attention on the case.
A successful application would bring legal proceedings to a permanent end.
If the matter does go to trial, it must be heard before a jury because it is a Commonwealth offence. The jury must reach a unanimous decision.
Roberts-Smith’s barrister, Slade Howell, flagged the possible application during last Friday’s bail hearing. He said the former soldier’s case was “exceptional in the sense that it is out of the ordinary”.
“It is very likely in due course that a superior court or courts may need to consider whether the extraordinary pre-trial publicity surrounding these allegations, which has persisted for many years and still persist, means that a fair trial of the allegations are simply not possible,” he said.
“The prosecution of these allegations will take many, many years and will have many twists and turns.”
Roberts-Smith is accused of directly murdering two Afghan individuals and aiding, abetting or procuring the murder of three more.
Source: AAP
Reading from a short prepared statement on Sunday, he denied all the allegations. He said he would use the charges as an opportunity to clear his name.
The 47-year-old described his arrest on the tarmac at Sydney Airport as an “unnecessary spectacle” and requested privacy for his family.
“I understand this journey will be long,” Roberts-Smith said.
“I understand this journey will be difficult, but I can promise everybody I have never run from a fight in my life.
“I will never give up and I will always be in the fight.”
Roberts-Smith has consistently proclaimed his innocence, including during a failed defamation action against publisher Nine over articles detailing the alleged war crimes.
A Federal Court judge found the accusations of murder were, on the balance of probabilities, true – findings he failed to overturn in subsequent appeals.
-with AAP
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