Victoria Cross recipient Ben Roberts-Smith is seeking to have his bail varied so he can attend two special ceremonies closely linked to his service with the Special Air Service in Afghanistan.

The accused war criminal wants to attend the June 23 opening of Anzac Hall at the Australian War Memorial in Canberra, and the march out parade in NSW for a slain SAS comrade's son three days later.

The new Anzac Hall commemorates Australia's wartime commitments to the Middle East, Afghanistan and peacekeeping operations, and features Roberts-Smith's VC and uniform.

Roberts-Smith also hopes to witness a march out parade for Henry Diddams at Singleton's Long Pine Barracks, the Hunter Valley home of the School of Infantry.

Henry's father, Sergeant Blaine Diddams, received the Medal for Gallantry in Afghanistan and was killed in an engagement with insurgents in July 2012 during his seventh tour to the country.

Roberts-Smith has remained close to Diddams' widow Toni-Ann, daughter Elle-Lou and her brother Henry, accompanying the siblings to Anzac Day ceremonies when they were children.

Henry has followed his father into the army Army with the Royal Australian Regiment and his June 26 march out parade at Singleton marks the completion of his initial infantry training.

Roberts-Smith flew to Sydney from his present Gold Coast home to appear in person at Downing Centre Local Court for a bail variation hearing on Tuesday.

His bail conditions prevent 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. 

He 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.'

'This could be an unauthorised disclosure and in my view anyone who disclosed that information should face consequences,' she said.

'I have no evidence to suggest the AFP provided information to the media about the date or details of the arrest.'

Ms Barrett said Roberts-Smith was taken into custody at the airport for operational reasons and any offer to present himself to police had been 'unviable'.

There has been widespread speculation about why the AFP chose to arrest Roberts-Smith in NSW rather than Queensland, and where he would face the best chance of a fair trial.

NSW no longer runs committal hearings at which the prosecution brief is weighed by a judge to determine whether there is sufficient evidence to put a case before a jury, whereas Queensland still does. 

When Roberts-Smith made a successful bail application 10 days after his arrest, the Commonwealth Director of Prosecutions submitted that he represented a flight risk if released from jail.

Two days after Roberts-Smith walked out of prison, he described his arrest as an 'unnecessary spectacle' while delivering a statement to media on the Gold Coast.

'For the past 10 years, my family and I have been subject to a campaign to convince Australians that I've acted improperly in my service in Afghanistan,' he told reporters, as Ms Matulin stood by his side.

'As I've always maintained, I categorically deny all of these allegations, and while I would have preferred these charges not be brought, I will be taking this opportunity to finally clear my name.

'I'm proud of my service in Afghanistan. While I was there, I always acted within my values, within my training, and within the rules of engagement.'

Roberts-Smith said he was proud of the Australians he had served alongside in Afghanistan and asked that their service not be forgotten, particularly those who had made the ultimate sacrifice, 'many of whom were my friends'.

'I'd like to thank my partner Sarah, my beautiful daughters, my mother and father, and all of Sarah's family for their unwavering support, for standing by me during this difficult time,' he said.

'I'd also like to take this opportunity to thank the millions of Australians who have reached out to me, publicly and privately, to offer their support and well wishes. It means a great deal to me and is extremely humbling.'

Roberts-Smith, who holds the Medal for Gallantry in addition to his VC, understood his case was 'unprecedented' and had attracted huge public interest.

'But I would 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,' he said.

'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 run from a fight in my life.

'I will never give up and I will always be in the fight.'

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.'