Victoria Cross recipient Ben Roberts-Smith has been called the ‘most prominent’ person that Corrective Services NSW has dealt with, according to official documents.
The 47-year-old was charged on April 7 with five counts of ‘war crime – murder’ allegedly committed while serving with the SAS in Afghanistan between 2009 and 2012.
He is accused of shooting dead unarmed Afghans and ordering subordinates to execute prisoners.
The father-of-two, who has always denied any wrongdoing, was granted bail on April 17 after spending 10 days in custody.
On Wednesday, Roberts-Smith’s mugshot and a series of documents from Corrective Services NSW (CSNSW) were published by The Sydney Morning Herald.
The documents, obtained under freedom of information laws, revealed he was thought to be ‘the most prominent encountered by Corrective Services NSW’.
A memo to the police commissioner considered risks Roberts-Smith could face while in protective custody at Silverwater Correctional Complex.
The Victoria Cross recipient’s alleged victims were Afghan nationals and, as a result, officials made a note that there were a number of Muslim prisoners at the complex.
The mugshot of Victoria Cross recipient Ben Roberts-Smith was published on Wednesday
He was arrested and charged on April 7 with five counts of ‘war crime – murder’ allegedly committed while serving with the SAS in Afghanistan between 2009 and 2012
Among the documents, prison officials told staff that Roberts-Smith was ‘to be managed like any other inmate’.
‘Emotions are running high both internally and externally, but professionalism must remain our standard,’ they said.
When Roberts-Smith was granted bail, the documents revealed Metropolitan Remand and Reception Centre governor Patrick Aboud ruled out smuggling him out the back of the facility.
Instead, vehicles blocked photographers as Roberts-Smith was escorted to a convoy.
In the wave of new documents, a senior media unit member for CSNSW said it was ‘no issue’ if he was photographed exiting but they were concerned for Roberts-Smith’s safely leaving the complex.
In a document, written on April 21, Mr Aboud said the service’s approach was ‘reasonable, proportionate, defensible, and appropriate in the circumstances’.
He added that this allowed ‘the safe and orderly management of a uniquely high‑risk release event while minimising foreseeable risks to staff, the individual, media representatives, and the public’.
Documents, obtained under freedom of information laws by 9News, revealed prison officials considered smuggling Roberts-Smith out the back when he was granted bail
A CSNSW spokesperson told the Daily Mail they have a ‘legislative duty to ensure all inmates are able to safely leave the vicinity of a correctional facility when they are released’.
‘While we acknowledge that, in this instance, the protocols applied by CSNSW staff were not well suited to engagement with the media, CSNSW has reviewed the actions of all correctional staff involved and have not found any evidence of misconduct,’ they said.
‘Corrective Services staff are trained to prioritise community safety and to keep themselves and inmates safe while performing their duties.’
The release of documents comes after Roberts-Smith was stopped from attending the march-out parade of a slain SAS comrade’s son who has followed his late father into military service.
He had applied to have his bail varied so he could watch Henry Diddams graduate from the School of Infantry at Singleton in the NSW Hunter Valley next week.
Henry’s father, Sergeant Blaine Diddams, received the Medal for Gallantry in Afghanistan and was killed in an engagement with insurgents in July 2012.
Roberts-Smith has remained close to Diddams’ widow Toni-Ann, daughter Elle-Lou, and Henry, accompanying the siblings to Anzac Day ceremonies when they were children.
He sought permission to help celebrate Henry’s completion of his initial infantry training at his June 26 march-out parade at Lone Pine Barracks and a graduation function in Newcastle that evening.
Officials told staff that Roberts-Smith (pictured) was ‘to be managed like any other inmate’
But after a hearing in Sydney’s Downing Centre Local Court on Tuesday, Judge Susan Horan refused to allow Roberts-Smith to attend either event.
Judge Horan expressed particular concern Roberts-Smith might come into contact with another former SAS member who served in Afghanistan at the parade or subsequent gathering.
Simon Buchen SC, for the Commonwealth DPP, had not opposed Roberts-Smith going to the march-out parade but objected to him taking part in the later event.
Judge Horan recognised Roberts-Smith’s close relationship with Henry Diddams and his family. She also accepted Roberts-Smith wished to show support for Henry and was proud of his achievements.
But she was not prepared to allow for the possibility of Roberts-Smith coming into contact and interacting with one of his former comrades at the parade or graduation function.
Judge Horan did vary Roberts-Smith’s bail so he could attend the opening of the new Anzac Hall and Anzac Atrium at the Australian War Memorial in Canberra on June 23.
She found that ceremony was a formal official ceremony which differed from the private Diddams graduation function or march out parade, which could be watched via livestream.
Roberts-Smith, whose bail conditions require him to report three times a week to a police station in NSW, is also seeking to move from the Gold Coast to Brisbane.
Pictured, the late Queen Elizabeth II greeting Roberts-Smith at Buckingham Palace in 2011
Mr Buchen said the CDPP would not oppose Roberts-Smith changing residence but would resist his application to be allowed to report to Queensland police.
Apart from the reporting condition, Roberts-Smith’s bail prevents him from leaving Queensland except to meet his lawyers in Perth, and to travel to Sydney for the same reason or to attend court or medical appointments.
Australia’s most decorated living soldier was arrested by the Australian Federal Police on April 7 as the 47-year-old prepared to get off a Qantas flight from Brisbane at Sydney Airport.
Despite having repeatedly offered to present himself to police if they intended to arrest him, he was taken into custody in front of his partner Sarah Matulin and twin 15-year-old daughters.
The day trip to Sydney had been a school holiday treat for the girls and everyone in the group had a return ticket to Brisbane.
Roberts-Smith was charged that day with five counts of ‘war crime – murder’ allegedly committed in Afghanistan’s Uruzgan Province between 2009 and 2012.
He is accused of shooting dead one unarmed Afghan detainee, jointly murdering another with a fellow SAS soldier, and ordering subordinates to execute three more.
Roberts-Smith, who has always denied committing war crimes, was first accused of killing Afghan prisoners in a series of reports published in 2018 by Nine newspapers.
Roberts-Smith (pictured with his partner Sarah Matulin) has always denied committing war crimes
Roberts-Smith sued Nine for defamation in the Federal Court and in June 2023 Justice Anthony Besanko found the publisher’s allegations were substantially true on the balance of probabilities.
A Nine Network television crew was at Sydney Airport to film Roberts-Smith’s arrest but no other media were present.
The AFP and the Office of the Special Investigator, which examines war crimes allegations from Afghanistan, have referred that apparent leak to the National Anti-Corruption Commission.
AFP Commissioner Krissy Barrett told a Senate estimates hearing late last month: ‘I am not just disappointed the media outlet was there, but I am determined to find out how they knew of the arrest.’
She said Roberts-Smith was taken into custody at the airport for operational reasons and any offer to present himself to police had been ‘unviable’.
A panel accompanying the display of Roberts-Smith’s uniform at the Australian War Memorial was altered in the days after his arrest to reflect his present circumstances.
That panel now states: ‘In April 2026, Roberts-Smith was charged with five counts of the war crime of murder. The legal process is ongoing.’
