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His lawyer Phillip Boulten utilized for bail in Sydney’s Downing Heart Native Court docket on Monday, arguing the previous Particular Air Service Regiment trooper confronted critical dangers to his private security from Muslim extremists within the jail system and needed to be segregated from different inmates.
“Wherever this man goes to be held in jail, he’s prone to have to combine with folks in jail who sympathize with the Taliban or with different Islamic
extremist teams,” Boulten mentioned.
Justice of the Peace Jennifer Atkinson granted the request, agreeing the dangers posed to him whereas behind bars had been too nice.
“It’s potential to deduce that there could also be some folks being held there who could take an hostile place in relation to what was mentioned to be the accused’s
habits each as a member of the (Australian Protection Pressure) and likewise on the day the incident allegedly occurred,” Atkinson informed the courtroom.
Schulz had been held at a most safety jail in Goulburn, 200 kilometers (120 miles) southwest of Sydney. Most of New South Wales’ worst convicted terrorists are held at Goulburn.
Helmet digicam footage aired by Australian Broadcasting Corp. in 2020 that was shot in Afghanistan’s Uruzgan Province in 2012 will kind a part of the prosecution case.
The footage allegedly exhibits Schulz shoot native man Dad Mohammad 3 times as he lay on his again in a wheat discipline along with his palms and knees raised. His father later made a grievance to the Australian Protection Pressure alleging his son had been shot within the head.
Atkinson mentioned that due to the homicide allegation, Schulz can be in a “very tough if not harmful setting” in custody and correctional employees couldn’t be obtainable 24 hours a day to oversee him.
“I’m of the view that the place the accused finds himself in could possibly be worse than different individuals who’re on remand given the actual safety dangers to his particular person,” she mentioned.
Schulz would even have difficulties giving recommendation to his attorneys and accessing confidential materials underneath strict circumstances as a result of nationwide safety issues surrounding the case if he had been pressured to take action behind bars, Atkinson mentioned.
The courtroom has suppressed the names of the city and area the place Schulz lives to guard his household from threats.
After footage of the Afghanistan capturing was broadcast nationally, the then-Protection Minister Linda Reynolds referred the allegation to the Australian Federal Police.
Schulz was suspended from responsibility in 2020 and later discharged from the Australia Protection Pressure on medical grounds.
Schulz, who was awarded the Commendation for Gallantry for his service in Afghanistan, is the primary former or serving Australian Protection Pressure member to face a battle crime cost of homicide underneath home legislation.
He faces a possible life sentence in jail if convicted.
He’s amongst 19 present and former Australian particular forces troopers who a battle crimes investigation discovered might face costs for unlawful conduct in Afghanistan.
A navy report launched in 2020 after a four-year investigation discovered proof that Australian troops unlawfully killed 39 Afghan prisoners, farmers and civilians.
Greater than 39,000 Australian navy personnel served in Afghanistan through the 20 years till the 2021 withdrawal, and 41 had been killed there.
Discover extra of AP’s Asia-Pacific protection at https://apnews.com/hub/asia-pacific
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