Judge blocks Ben Roberts-Smith from dead SAS colleague’s son’s graduation parade

A local court judge 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.

Judge Susan Horan said there was a risk Mr 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.

Since his father died, Henry Diddams has been mentored by Mr Roberts-Smith and joined the army. Mr Roberts-Smith asked permission to attend the private’s “march out” parade from infantry school at the Singleton Military Area north of Sydney next Friday.

He 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.

“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, Mr 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.

Anzac Hall

The judge did grant Mr Roberts-Smith permission to attend a ceremony to mark the completion of the new Anzac Hall and Atrium at the Australian War Memorial in Canberra next Tuesday.

Mr Roberts-Smith received an invitation as one of the four Australian holders of the Victoria Cross alive. His uniform, medals and equipment from the SAS are housed in the Hall of Valour, which is a separate part of the War Memorial.

An exemption had to be made to his bail conditions to avoid an inadvertent breach that could have sent the 47-year-old veteran back to jail.

To shield witnesses in his murder case from potential intimidation, Mr Roberts-Smith is not allowed to have contact with soldiers who went to Afghanistan at the same time as him.

His barrister, Slade Howell, told the court the prohibition could cover thousands people, including non-combat personnel such as mechanics and lawyers, and Mr Roberts-Smith “could not possibly know every person potentially covered”.

“We say that means that it is not reasonable or practical for him to comply with that condition when he is in attendance at that function,” Mr Howell said.

The War Memorial refused to disclose the identities of any dignitaries attending the event, which will mark a major expansion in the site dedicated to the memory of Australia’s wars and service men and women.

Among those who likely to be covered are Mark Donaldson, an SAS soldier awarded the Victoria Cross for saving an interpreter in 2008.

“We are not dealing with theoretical risk,” the prosecution’s lawyer, Simon Buchan SC, told the court. “If that means he has to limit his communication with others at the ceremony, then so be it.”

Moving to Brisbane

Under his bail conditions, Mr Roberts-Smith is not allowed to travel outside of Queensland except for legal or medical reasons, must live at an address registered with the court on the Gold Coast and report to a police station in NSW three times a week.

His lawyers asked the court for permission for Mr Roberts-Smith to move to Brisbane to be closer to his family. His partner, Sarah Matulin, has a two-day-a-week job in Brisbane and her parents wish to move back into the home they lent the couple after selling their current property, Mr Howell said.

Mr Buchan did not oppose the address change, but said Mr Roberts-Smith should not be allowed to report to a police station in Brisbane, which could save him two hours’ drive.

The Queensland police have agreed to allow Mr Roberts-Smith to report to a station in Brisbane, Mr Howell said.

Mr Buchan said the arrangement would create an unnecessary complication by potentially requiring the Office of the Special Investigator, which is responsible for war crimes investigations, to work with both the NSW police, which enforces Mr Roberts-Smith’s bail, and the Queensland police.

Judge Horan asked if the reporting requirement could be cut to two days a week, a suggestion rejected by the prosecution. She also pointed out that Mr Roberts-Smith is allowed to report to a police station in Perth when he goes there to see his lawyer and elderly parents, Len and Sue Roberts-Smith.

Judge Horan told both sides to return next Tuesday to discuss that aspect of Mr Roberts-Smith’s bail.

As Mr Roberts-Smith left court for the lunch break, surrounded by camera crews, someone called out: “Leave him alone.”

Mr Roberts-Smith is a former executive at Seven West Media, which is owned by Southern Cross Austereo and publishes The Nightly.