National security concerns have led to court orders designed to protect classified material, delaying the criminal trial of Ben Roberts-Smith, an Australian former SAS soldier accused of war crimes in Afghanistan. Roberts-Smith was arrested in April and charged with murdering or ordering the murders of five unarmed detainees during his deployments between 2009 and 2012.
At Sydney's Downing Centre Local Court, barrister Jennifer Single SC, representing the commonwealth, stated there is a "risk of prejudice to national security." She presented applications for 206 court orders under the National Security Information Act. These orders govern the disclosure, storage, protection, handling, and destruction of classified material and evidence, allowing Roberts-Smith to receive the full evidence against him, some of which was previously withheld due to its sensitive nature.
Judge Susan Horan acknowledged that while the orders are extensive, they are necessary for a fair trial for the decorated former soldier. However, the prosecution expressed concerns that accessing Australian Defence Force information or engaging with individuals lacking appropriate security clearances could cause further delays.
Roberts-Smith's solicitor, Karen Espiner, informed the court that her client agreed with the proposed handling of the classified documents. The court also modified Roberts-Smith's bail conditions, permitting him to relocate permanently to Queensland with family and to report to a local police station twice a week, rather than one in New South Wales.
Roberts-Smith, who contests the charges, was not present in the courtroom. He is accused of breaking engagement rules by killing unarmed Afghans, including allegations of shooting prisoner Mohammed Essa and ordering the execution of his son Ahmadullah. Court documents suggest firearms were allegedly placed on the bodies to falsely claim they were enemy combatants. In another alleged incident in August 2012, Roberts-Smith is accused of kicking a bound prisoner, Ali Jan, off a cliff before ordering him to be shot. Two months later, he is alleged to have lined up two prisoners in a corn field and shot one of them.
Roberts-Smith has stated his intention to clear his name during the upcoming trial.
