Accused war criminal Ben Roberts-Smith has spent the first 24 hours out on bail by returning to his home on the Gold Coast after he was released from custody for $250,000 surety.
The 47-year-old former SAS soldier spent 10 days in Silverwater prison after he was arrested on April 7 and charged with murdering or ordering the murders of five unarmed detainees while deployed in Afghanistan between 2009 and 2012.
The Victoria Cross recipient successfully applied for bail at Sydney’s Downing Centre Local Court, and on Friday he was free.
Despite receiving a special escort as he left jail, photographers blocked the Audi SUV Roberts-Smith was being driven in by his partner Sarah Matulin before he got away just after 5.30pm.
Roberts-Smith was seen leaving Silverwater prison wearing a blue polo shirt, jeans and a cap after he was released from custody for $250,000 surety.
He gave a thumbs up to cameras as he was driven out of the prison.
On Saturday he was spotted once more, sporting a baseball cap while sitting in a car on his phone on the Gold Coast.
Roberts-Smith looked towards photographers who were on the scene to capture his return home.
Accused war criminal Ben Roberts-Smith was spotted on the Gold Coast on Saturday
Len and Sue Roberts-Smith were on hand to see their son home on Saturday
The former SAS soldier spent 10 days in Silverwater prison after he was arrested on April 7
Roberts-Smith is expected to return to court on June 4 and has been required to surrender his passport.
On Friday, the former soldier – wearing prison-issued green clothing – tuned into his bail hearing via an audiovisual link as a judge heard he had made moves to relocate overseas.
He was represented by criminal lawyer Slade Howell, who said his client knew he was under surveillance by the Australian Federal Police for a number of years, and had never tried to flee the country.
The prosecutor opposed bail, telling the court that more charges were likely, the scope of the Crown’s case was ‘significant’, and that Roberts-Smith was a flight risk because he had ‘advanced plans’ to move overseas before he was charged.
However, Local Court Judge Greg Grogin found Roberts-Smith would likely spend ‘years and years’ in custody if bail was refused, which would further delay a trial and prevent him from accessing material in his own defence.
He will be allowed to travel from his residence to Sydney and Perth solely to consult with his legal team.
At the end of the hearing, Judge Grogin said: ‘Mr Roberts-Smith, I expect you’ll be home tonight.’
Roberts-Smith replied: ‘Thank you, Your Honour.’
Roberts-Smith was arrested after a five-year joint investigation by the Australian Federal Police) and the Office of the Special Investigator. He is pictured with partner Sarah Matulin
Roberts-Smith has been charged with murdering or ordering the murders of five unarmed detainees while deployed in Afghanistan between 2009 and 2012
An interim non-publication order has been made over the address where Roberts-Smith will reside on bail, plus the police station he will report to.
There was a real chance that people with strong opinions could use the opportunity to harm Roberts-Smith or those with him, Judge Grogin said.
A full hearing on these orders will take place on Thursday.
Roberts-Smith is accused under the Commonwealth Criminal Code of shooting dead an unarmed Afghan, murdering another with an SAS comrade, and ordering the execution of three more.
Roberts-Smith’s arrest came almost three years after he lost a defamation action against Nine newspapers, which published a series of reports in 2018 accusing him of being a war criminal.
Each of the charges against Roberts-Smith carries a maximum penalty of life in prison. He has always denied involvement in any unlawful killings.
