Ben Roberts-Smith scores legal win as alleged war criminal is allowed to move to Brisbane to be closer to his family

Published: 05:24, 27 July 2026 | Updated: 05:24, 27 July 2026 Alleged war criminal Ben Roberts-Smith has scored a win in court after being granted a bail variation so he can move to Brisbane to be closer to his family. Roberts-Smith, 47, stands accused of the murders of five unarmed Afghans while serving with the Special Air Service in Afghanistan between 2009 and 2012. He is yet to enter pleas however has always denied his involvement in any unlawful killings. Following his high-profile arrest in April, Roberts-Smith was released on bail under strict conditions including restrictions on travel outside of Queensland (unless for legal or medical appointments), the surrender of his passport, and the restricted use one phone and one laptop -  the details of which must be provided to police. He was also banned from contacting any prosecution witness directly or through another party and was ordered to report to a police station three times a week.   Last month, he lodged an application in the Downing Centre Local Court to have his bail-listed residence changed so he could be closer to his family, alongside approval to attend two special ceremonies for veterans in the ACT and NSW. On Monday, Judge Susan Horan granted Roberts-Smith’s bail variation application.  It comes months after Roberts-Smith publicly acknowledged his partner Sarah Matulin and his 'beautiful' 15-year-old twin daughters who were all onboard the Qantas plane when officers took him into custody in April - a move he later described as 'an unnecessary spectacle'. Ben Roberts-Smith has been granted a bail variation so he can move to be closer to his family Roberts-Smith (pictured with partner Sarah Matulin) will move from the Gold Coast to Brisbane He is charged with five counts of 'war crime - murder' allegedly committed between 2009 and 2012 while he served with the Special Air Service in Afghanistan 'I understand this is an unprecedented case and the public interest is huge... but I'd ask that the media please allow my family their privacy at this time, particularly my children, who have already unfortunately suffered through a deliberate sensational arrest that was made last week,' Roberts-Smith said at a press conference in April. 'An unnecessary spectacle. I understand this journey will be long, I understand this journey will be difficult, but I can promise everybody that I have never ran from a fight in my life.' Roberts-Smith is due to return to court on September 1. He 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.  Sorry we are not currently accepting comments on this article.