Key Points
- Ex-SAS soldier Oliver Jordan Schulz has been charged with allegedly murdering a farmer in in Afghanistan.
- Mr Schulz was given bail on the ground of danger posed by Taliban and extremist Islamic inmates.
- This is the first time a serving or former ADF member has faced a war crime charge of murder under domestic law.
An ex-SAS soldier charged over the alleged unlawful killing of a civilian in Afghanistan has been given bail because of the danger posed by the Taliban and Islamist extremist inmates.
On Tuesday, Magistrate Jennifer Atkinson granted a release application by Oliver Jordan Schulz, 41, agreeing with his counsel that the risks posed to him while behind bars were too great.
"It's possible to infer that there may be some people being held there who may take an adverse position in relation to what was said to be the accused's behaviour both as a member of the (Australian Defence Force - ADF) and also on the day the incident allegedly occurred," she told Sydney's Downing Centre Local Court.
Mr Schulz was arrested on March 20 and charged with a war crime murder for allegedly killing a civilian while he was deployed in Afghanistan.
Footage from a helmet cam first shown by ABC's Four Corners in March 2020 appears to show the soldier and his squad approach a 25 or 26-year-old man in a wheat field in Afghanistan's Uruzgan Province in 2012.
Schulz then seems to fire three shots at Dad Mohammad, who was on his back with his hands and knees raised.
"The man appears to go limp after the first shot," Ms Atkinson said.
Mr Mohammad's father later made a complaint to the ADF, alleging his son had been shot in the head.
Security risks
Due to this allegation, Mr Schulz would be in a "very difficult if not dangerous environment" and correctional facility staff could not be there to watch him 24 hours a day, Ms Atkinson said.
"I am of the view that the position the accused finds himself in could be worse than other persons who are on remand given the particular security risks to his person," she said.
The ex-soldier would also have difficulties giving advice to his lawyers and accessing confidential material under strict conditions due to national security concerns if he was forced to do so behind bars, Ms Atkinson said.
The former soldier watched the decision via video link wearing prison greens and appeared emotionless as bail was granted.
Bail conditions for former SAS soldier
Bail conditions imposed to ensure Mr Schulz does not flee the country while released include a 10pm to 5am curfew, a requirement he hand over his passport and stay away from international points of departure, a prohibition on contacting others within his military rotation from Afghanistan, and daily reporting to his local police station.
Additionally, a $200,000 surety will be handed over to the court guaranteeing he comply with these conditions.
"You think about the people who are going to be putting up that money. They will lose it if you don't comply," Ms Atkinson said.
"Yes, Your Honour," Schulz replied.
The magistrate also granted a permanent suppression order over the town and region where Mr Schulz normally lived, out of safety concerns for his family.
"There are real security issues," she said.
She declined to bar the publication of Mr Schulz's name, however, given it had already been publicly disclosed by the media.
After the Four Corners report, then-defence minister Linda Reynolds referred the matter to the Australian Federal Police (AFP).
The soldier was suspended from duty and later terminated from the ADF on medical grounds. As part of the AFP investigation, officers searched his home in May 2022.
This is the first time a serving or former ADF member has faced a war crime charge of murder under domestic law.
