National security concerns over ex-SAS soldier charged with war crime

A former elite Australian soldier accused of a wartime murder will have to grapple with national security concerns before he can see the evidence against him.

A former elite Australian soldier accused of committing a war crime will have to wrestle with national security laws before he is able to see a full brief of evidence against him.

Oliver Schulz has been charged with committing a war crime by murdering a civilian while he was deployed in Afghanistan with the Australian Defence Force.

The Australian Federal Police allege the 41-year-old fatally shot Dad Mohammad, a father and struggling farmer, in a wheat field in Uruzgan Province in May 2012.

Mr Schulz, a former Special Air Services soldier, is the first Australian serviceman or veteran to be charged with a war crime under Australian law.

Oliver Schulz has been charged with the murder of an Afghan villager.

He was not required to appear in Sydney Downing Centre Court on Tuesday as it was told there would be further delays in receiving the brief of evidence of his alleged crime.

A lawyer for the Australian government told the court the evidence touched on “sensitive national security information”.

He explained the court would need to make orders under the National Security Information Act to allow the information to be released.

Mr Schulz’s lawyer Karen Espiner noted the defence and prosecution were likely to agree to the orders but said the court needed to “independently satisfy itself on the matters”.

She urged the court to set the matter down as soon as possible, as she “remained concerned” about further delays for her client.

“There are parts of the brief that can’t be served until these orders are in place,” Ms Espiner stressed.

Magistrate Jennifer Atkinson agreed the matter needed to proceed “as quickly as possible”.

She determined the national security information issues would be discussed in a hearing before the end of the year.

The allegations against Mr Schultz were first aired in March 2020 when Four Corners broadcast footage from Afghanistan and he was suspended from the ADF.

Video footage of the alleged murder was broadcast by ABC's Four Corners in 2020.

Mr Schulz was arrested in March and granted bail by Ms Atkinson after she found he was at risk of being targeted in prison.

The former soldier’s lawyer argued his client was at “grave risk” of being attacked in jail by Islamic extremists and inmates who were ideologically opposed to the war in Afghanistan.

Mr Schulz was released on bail under strict conditions, including that he surrender a $200,000 surety and not leave his home between 10pm and 5am.

He must also report to police daily, not communicate with any witnesses, hand over his passport, and provide officers with access to his phone.

Originally published as National security concerns over ex-SAS soldier charged with war crime