Former Special Air Service soldier Ben Roberts-Smith has secured a legal victory after a New South Wales court approved changes to his bail conditions, allowing him to relocate to Brisbane so he can be closer to his daughters and family while awaiting trial on serious war crimes allegations.

The decision was handed down in Sydney’s Downing Centre Local Court, where Judge Susan Horan agreed to vary Roberts-Smith’s existing bail conditions after his legal team argued that remaining closer to his family in southeast Queensland would provide greater stability during what is expected to be a lengthy and highly complex criminal prosecution.

Addressing the court, Roberts-Smith acknowledged that the legal process ahead would be far from straightforward.

“I understand this journey will be long. I understand this journey will be difficult,” he told the court as his application was considered.

The former SAS corporal was arrested by the Australian Federal Police in April 2026 and charged with five counts of the war crime of murder arising from alleged incidents in Afghanistan between 2009 and 2012.

Prosecutors allege Roberts-Smith either directly participated in, ordered or assisted in the unlawful killing of five unarmed Afghan men during separate military operations.

He has not yet entered formal pleas to the charges and has consistently maintained his innocence, stating that he categorically denies all allegations. Under Australian law, he is presumed innocent unless and until proven guilty beyond reasonable doubt.

The latest court appearance did not deal with the substance of those allegations.

Instead, the hearing focused solely on whether Roberts-Smith’s existing bail conditions should be amended to permit him to relocate from the Gold Coast to Brisbane after changes to his living arrangements made his current accommodation unsuitable.

His lawyers told the court that the property where Roberts-Smith had been residing with his partner was owned by her parents, who intended to move back into the home after selling their own residence.

As a result, Roberts-Smith needed to secure alternative accommodation and argued that moving to Brisbane would also allow him to spend more time with his twin daughters.

Judge Susan Horan accepted those submissions.

The prosecution did not oppose the requested variation, and the court ultimately approved the relocation while leaving the remainder of Roberts-Smith’s strict bail conditions unchanged.

Those conditions remain among the most restrictive imposed on an accused person awaiting trial.

Roberts-Smith must continue reporting regularly to police, surrender his passport, remain within Australia and avoid contact with a number of former Special Air Service colleagues and potential witnesses connected with the prosecution.

He is also prohibited from discussing aspects of the criminal case with individuals identified by the court and remains subject to a substantial financial surety as part of his bail arrangements.

The criminal proceedings stem from allegations investigated by the Office of the Special Investigator following the landmark Brereton Inquiry into alleged war crimes committed by Australian special forces in Afghanistan.

According to prosecutors, Roberts-Smith is accused of involvement in the deaths of five unarmed Afghan men across several separate incidents.

Among the allegations are claims relating to an operation at Whiskey 108 in 2009, where prosecutors allege Roberts-Smith ordered another soldier to kill one detainee before personally shooting another man, including one who reportedly had a prosthetic leg.

Additional allegations concern the death of Afghan shepherd Ali Jan in Darwan in 2012, where Roberts-Smith is accused of kicking the handcuffed prisoner from a cliff before directing another soldier to shoot him.

Further charges relate to two detainees allegedly killed during an operation at Syahchow later that year. Prosecutors allege “throwdowns”—items intended to create the appearance of lawful combat—were placed near the bodies after the killings. Roberts-Smith denies each allegation.

The criminal case follows years of legal scrutiny surrounding Roberts-Smith.

In 2023, he lost a widely publicised defamation action against Nine Newspapers after Justice Anthony Besanko found that several allegations concerning unlawful killings in Afghanistan had been established to the civil standard of proof—the balance of probabilities.

Those civil findings, however, do not determine criminal guilt. Criminal proceedings require prosecutors to establish every element of each offence beyond reasonable doubt, a significantly higher evidentiary threshold than applies in civil litigation. Roberts-Smith has repeatedly argued that distinction should not be overlooked when assessing the current prosecution.

The legal proceedings are also expected to be unusually lengthy.

Because the prosecution involves classified military material, operational evidence and national security considerations, the matter is being managed under Australia’s National Security Information Act. That legislation governs how sensitive defence information can be disclosed and presented during criminal trials.

The complexity of those procedures means the matter is unlikely to proceed to a full Supreme Court jury trial for several years, with reports indicating a trial may not commence before 2029.

During previous bail hearings, prosecutors raised concerns that Roberts-Smith could potentially interfere with witnesses or leave Australia if granted less restrictive conditions.

Those concerns led to stringent bail requirements, including surrendering his passport and ongoing supervision.

The court has also previously refused some requests to vary his bail where judges believed there was a risk of contact with potential witnesses, including an application to attend a military parade associated with former SAS personnel. However, he has been granted permission to attend other events where that risk was considered minimal.

Judge Horan concluded that the proposed move to Brisbane did not materially increase any risks identified by prosecutors.

Instead, the relocation was viewed as a practical response to changing family circumstances while allowing Roberts-Smith to maintain meaningful contact with his daughters during the lengthy period before trial.

Legal observers note that decisions to vary bail conditions are relatively common where an accused person’s circumstances change, provided the court remains satisfied that the individual will continue complying with all existing obligations and will appear for future proceedings.

Importantly, such decisions do not reflect any judicial assessment of the underlying criminal allegations.

Roberts-Smith’s next court appearance is scheduled for September, when procedural matters relating to the prosecution will continue before the case progresses toward trial preparation.

The relocation order therefore represents a procedural victory rather than a substantive legal win.

While Roberts-Smith has secured permission to move closer to his family, the five war crime murder charges remain before the courts and continue to carry the possibility of life imprisonment if proven.

For now, the decorated former soldier remains on bail under strict conditions, maintaining his innocence while preparing for what is expected to become one of Australia’s most significant and complex war crimes prosecutions in recent history.