Victoria Cross awardee Ben Roberts-Smith was today granted permission by a judge to attend a major service for the Afghanistan War, where Prime Minister Anthony Albanese is expected to pay tribute to veterans who fought Australia’s longest military conflict.

The approval of changes to Mr Roberts-Smith’s bail conditions — he has been charged with five counts of the war crime of murder — is necessary to allow for the former Special Air Service Regiment corporal to attend the National Commemorative Service at the Australian War Memorial in Canberra marking the twenty-fifth anniversary of the start of the war.

Although his appearance has not been confirmed, Mr Albanese has been invited to give a speech, according to military sources, at what could be the largest single gathering of veterans, outside of Anzac Day, of a war that some believe has been overshadowed by allegations special forces soldiers committed war crimes while fighting the insurgency war.

The prosecution of Mr Roberts-Smith and former SAS colleague Oliver Schulz has become a sensitive political debate too, potentially making Mr Roberts-Smith’s presence a focus of resentment among some veterans towards the decision by the government to allocate $300 million to investigating and prosecuting them.

The charges against Mr Roberts-Smith were approved by Labor Attorney-General Michelle Rowland this year under laws introduced by the Howard Coalition Government in 2002. Mr Roberts-Smith was arrested at Sydney Airport in front of his family on April 7.

Mr Albanese has avoided commenting on the case, although another potential attendee at the commemoration, Liberal MP and former SAS officer Andrew Hastie, has acknowledged that he cooperated with military lawyers and journalists who investigated Mr Roberts-Smith.

Mr Hastie’s office did not immediately respond when asked if he planned to attend the service. He recently said he does not expect to give evidence in Mr Roberts-Smith’s murder trial.

Respect and gratitude

The October 11 event has been organised to allow Australian Defence Force personnel, veterans, families and the public to pay their respects to the 47 personnel who died as a result of their service in Afghanistan, the 263 Australians wounded and the estimated 26,000 to 30,000 who directly participated in what were called Operation Slipper and Operation Highroad.

“The 25th anniversary commemoration offers all Australians an opportunity to express their respect and gratitude to those who put themselves in harm’s way,” the Australian War Memorial’s notice of the event says.

During a 12-minute hearing at a NSW Local Court in Sydney, Mr Roberts-Smith appeared over video from his home in Brisbane. Wearing a white, open-necked shirt, he only spoke twice, to confirm he could hear and see what was going on in the court and to acknowledge Judge Susan Horan’s decision.

The federal Director of Public Prosecutions did not oppose Mr Roberts-Smith’s request to fly to Canberra on Saturday, October 10, and return the following day. Under his bail conditions, Mr Roberts-Smith’s travel is severely limited and he is not allowed to communicate with other veterans who could be witnesses in the case against him.

He is required to tell the Office of the Special Investigator, which has investigated him for five years, what flight he is taking to Canberra and where he will stay.

The only other time Mr Roberts-Smith received permission to attend a public event outside of Queensland was for the opening of an extension to the Australian War Memorial on June 23. With his presence expected to dominate coverage of the event, he pulled out at the last minute, citing illness.

He has not been required to enter a plea but has strongly defended himself against the charges, which are based on confessions by other SAS soldiers who said they executed prisoners, according to court documents.