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 — was necessary to allow for the former Special Air Service Regiment corporal to attend the National Commemorative Service at the Australian War Memorial, where his Victoria Cross for valour is displayed.

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 executed prisoners.

The prosecution of Mr Roberts-Smith and former SAS colleague Oliver Schulz has become a 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 over 10 years 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. Prosecutors have said they will seek life sentences.

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 he cooperated with military lawyers and journalists who investigated Mr Roberts-Smith out of what he described as respect for the law and the regiment’s honour.

Mr Hastie’s office did not respond when asked if he planned to attend the service in Canberra to mark the twenty-fifth anniversary of the start of the war. 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.

The event will be held from 10am to 11.30am. At 4.30pm a Last Post ceremony will be held at the War Memorial’s commemorative courtyard in honour of the soldiers who died in Afghanistan and whose subsequent deaths were attributed to the war. Five were members of the SAS: Andrew Russell, Matthew Locke, Sean McCarthy, Jason Brown and Blaine Diddams.

During a 12-minute hearing at a local court in central Sydney, Mr Roberts-Smith appeared over video from his Brisbane home. 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, barrister Sean Flood SC said. 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. A clause was added to his bail conditions protecting him from arrest if he inadvertently comes into contact with potential witnesses.

“He is not to discuss or communicate about any aspect of the current prosecution against him or Oliver Schulz other than to lawyers or his immediate family,” Judge Horan said in court. “The variation is granted. All other conditions remain the same.”

Mr Roberts-Smith replied: “Yes, your honour.”

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. No date has been set for his trial, which could be years away.

After quickly approving the changes to his bail, Judge Horan considered a separate application covering legal orders preventing the media from identifying some planned witnesses.