A former SAS soldier accused of killing a farmer while serving in Afghanistan has been released on bail because of the risks he would face from Islamic extremists in prison.
Oliver Jordan Schulz, whose name had previously been suppressed, would find the prison “a very difficult, if not dangerous environment,” a magistrate said Tuesday.
Details of the 41-year-old’s alleged war crime were first revealed in Sydney’s Downing Center local court before bail was granted.
Magistrate Jennifer Atkinson said Schulz was part of a patrol sent by helicopter to a village in southern Afghanistan’s Uruzgan province in May 2012.
A dog accompanying the SAS patrol had run into a wheat field towards a young Afghan man, Papa Mohammad, who fell to the ground.
A former SAS soldier accused of killing a farmer while serving in Afghanistan has been released on bail because of prison threats allegedly faced by Muslim extremists. Oliver Schulz (above) would find the prison “a very difficult, if not dangerous environment,” a magistrate said
The Crown claims that Father Mohammad lay on his back with his hands and knees drawn up, remained silent and offered no resistance to the Australians.
Schulz reportedly had a conversation with other patrol members, then turned to Mad Mohammad and shot him three times. The incident was allegedly captured by a camera worn on a helmet.
Ms Atkinson said it was alleged that Father Mohammad, aged between 25 and 26 and holding prayer beads, went limp after the first shot and died in the wheat field.
Dad Mohammad’s father lodged a complaint with the Australian Defense Force stating that his son was disabled, not a member of the Taliban and not taking part in hostilities.
He believed his son had been shot in the head and stabbed in the neck and heart.
Ms Atkinson said that while the case against Schulz seemed ‘reasonably strong’, there were ‘exceptional circumstances’ that meant bail had to be granted.
She said it was likely that Schulz would not face trial before 2025 and that any time he spent in custody would be “inconvenient, difficult and dangerous.”
Ms Atkinson referred to the attack on former soldier Michael O’Keefe by jihadist Bourhan Hraichie when the pair shared a cell at the Mid North Coast Correctional Center in April 2016.
Details of the 41-year-old’s alleged war crime were revealed on Tuesday before bail was granted. Helmet-worn footage shown by Four Corners (above) reportedly showed Schulz shooting dead farmer Dad Mohammad in a wheat field
Hraichie had waterboarded Mr. O’Keefe and then carved “e4e”—an eye for an eye—on his forehead, telling police that the former soldier had slandered the Prophet Muhammad.
Ms Atkinson said Schulz would find prison “a very difficult, if not dangerous environment”.
She noted that the Taliban was now in power in Afghanistan and that ongoing overseas conflict could affect the behavior of extremist prisoners in NSW prisons.
“Perhaps people are being held there who take a negative view of what was said to be the behavior of the accused,” Ms Atkinson said.
She further noted that Schulz had no criminal record and also accepted submissions that he posed no threat to Australia or any Australian citizen.
“In my opinion, the matter is broader than that,” Ms Atkinson said. “This happened outside Australia in a situation where the Australian Defense Force was deployed.”
Ms. Atkinson ordered an acceptable person to pay $200,000 to secure Schulz’s bail. He must report to the police daily, hand in his passport and not leave Australia.
Schulz is unable to contact former comrades who served with him in Afghanistan between February and July 2012, or witnesses in the case against him.
In granting bail for Schulz, Magistrate Jennifer Atkinson referred to an attack on former soldier Michael O’Keefe by jihadist Bourhan Hraichie (above) when the pair shared a cell at the Mid North Coast Correctional Center in April 2016
He is not allowed to leave his home between 10 p.m. and 5 a.m. and must report to his front door between those hours if requested by authorities.
Ms Atkinson suppressed Schulz’s name on Monday but lifted that order on Tuesday and he had been previously identified when he was arrested.
She issued a non-publication order on where Schulz lives because of the risk of retaliation against him.
“Those risks may still be real to the accused in this case,” Ms Atkinson said. “The security issues are very real.”
Schulz, who appeared in court via an audiovisual link, was arrested by Australian Federal Police on March 20 and has been in custody for eight days.
On Monday, his lawyer Phillip Boulten SC argued that Schulz faced serious risks to his personal safety and should be separated from other prisoners.
“Wherever this man will be held in prison, he will likely have to mingle with people in prison who sympathize with the Taliban or other Islamist extremist groups,” Boulten said.
Bourhan Hraichie had waterboarded Michael O’Keefe and then engraved “e4e” – an eye for an eye – on his forehead, telling police that the former soldier had slandered the Prophet Muhammad. O’Keefe’s injuries are pictured
“This is a case of an ex-army officer who is in prison and charged with this crime. Where he is now, he is extremely vulnerable.’
Father Mohammad’s death was reported in March 2020 by ABC’s Four Corners program. After the broadcast, then Defense Secretary Linda Reynolds referred the matter to the AFP.
Shulz was suspended and later discharged from the ADF for medical reasons. As part of the AFP investigation, agents searched his home in May 2022.
This is the first time a serving or former member of the Australian Defense Force has been charged with murder for a war crime under national law.
Mr. Boulten urged the court to withhold Schulz’s name and where he lived because this information could pose a danger if made public, especially since the Taliban was now the lawful government of Afghanistan.
‘There is a state actor who has an interest in what he has done in their country and [there] are literally hundreds if not thousands of people in custody who would be charged against him for what he did.”
Defense personnel need comprehensive protection of their identities both during and after their service, Ms Atkinson heard.
Mr Boulten said his client had remained in the country without fleeing despite knowing he was under investigation for years and up to $1 million in bail could be offered to ensure he faces trial .
Schulz also would have difficulty consulting lawyers from behind bars, given the security measures in place regarding material pertinent to the case that, if made public, could cause national security problems, the court was told.
Crown Prosecutor Sean Flood opposed bail, saying there was no evidence the man would be in danger in prison.
“Corrective Services are putting in place appropriate mechanisms to ensure it [his] safety,’ Mr Flood said.
The possibility of Schulz fleeing the country also remained because there was a difference between an investigation that only allowed for charges and an arrest for these types of crimes, the prosecutor argued.
“There is clearly a strong motivation to flee when someone is charged with such a serious crime that carries a maximum penalty of life imprisonment.”
Schulz’s case will be heard in the Downing Center Local Court on May 16.