Former SAS trooper to be first Australian soldier to face war crime trial
Sean Rubinsztein-Dunlop
, ABC
Former SAS soldier Oliver Schulz serving in Afghanistan.
Photo:
ABC / Supplied
A former special forces trooper will be the first Australian soldier to stand trial for a war crimes charge, more than 13 years after he shot dead a villager in an Afghan field.
Former SAS trooper Oliver Schulz, 43, was charged in 2023 with the war crime of murder after helmet-cam footage aired on the ABC's
Four Corners
showed him in 2012 shooting Afghan man Dad Mohammad.
Local court Magistrate Greg Grogin today committed Schulz to stand trial in the NSW Supreme Court, after previously condemning delays from Commonwealth prosecutors.
Schulz faced a committal hearing in April and May, in which the local court heard from Australian Defence Force (ADF) witnesses and repeatedly watched footage of the killing.
Schulz could face life in jail if found guilty.
The killing was first publicly revealed in March 2020 by
ABC Investigations and Four Corners
, sparking a three-year criminal investigation.
The court heard that the footage, from the helmet camera of a dog handler on Schulz's patrol, showed an SAS dog attacking Dad Mohammad in a wheat field during an ADF mission in Uruzgan Province, in southern Afghanistan.
The dog is then called off and Schulz is seen training his weapon on Dad Mohammad, who is lying on the ground.
The soldier is heard asking three times: "You want me to drop this c***?" He then fires three shots at the man.
Mohammad was in his 20s and a father of two girls - a newborn and toddler - at the time of his death.
He had a condition that stunted growth in one leg.
ABC Investigations and Four Corners
identified the dead man and tracked down his father and brother during their investigation.
Afghan villagers first complained to the ADF about the killing months after the 2012 raid.
However, ADF investigators cleared Schulz, concluding that Dad Mohammad was lawfully killed because he posed a direct threat to the Australians.
Investigators were told the Afghan man was holding a radio and "tactically manoeuvring".
Schulz will face the Supreme Court in October for arraignment.
Under the Commonwealth Criminal Code, a killing constitutes the war crime of murder if the victim is not a combatant or is out of action due to injury or damage.
Prosecutors must also prove that the perpetrator knew, or was reckless to, this fact.
The killing does not constitute a war crime if it occurred as a result of an attack on a military objective, during which the perpetrator did not expect excessive civilian casualties.
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By Sean Rubinsztein-Dunlop , ABC Former SAS soldier Oliver Schulz serving in Afghanistan. Photo: ABC / Supplied A former special forces trooper will be the first Australian soldier to stand trial for a war crimes charge, more than 13 years after he shot dead a villager in an Afghan field. Former SAS trooper Oliver Schulz, 43, was charged in 2023 with the war crime of murder after helmet-cam footage aired on the ABC's Four Corners showed him in 2012 shooting Afghan man Dad Mohammad. Local court Magistrate Greg Grogin today committed Schulz to stand trial in the NSW Supreme Court, after previously condemning delays from Commonwealth prosecutors. Schulz faced a committal hearing in April and May, in which the local court heard from Australian Defence Force (ADF) witnesses and repeatedly watched footage of the killing. Schulz could face life in jail if found guilty. The killing was first publicly revealed in March 2020 by ABC Investigations and Four Corners , sparking a three-year criminal investigation. The court heard that the footage, from the helmet camera of a dog handler on Schulz's patrol, showed an SAS dog attacking Dad Mohammad in a wheat field during an ADF mission in Uruzgan Province, in southern Afghanistan. The dog is then called off and Schulz is seen training his weapon on Dad Mohammad, who is lying on the ground. The soldier is heard asking three times: "You want me to drop this c***?" He then fires three shots at the man. Mohammad was in his 20s and a father of two girls - a newborn and toddler - at the time of his death. He had a condition that stunted growth in one leg. ABC Investigations and Four Corners identified the dead man and tracked down his father and brother during their investigation. Afghan villagers first complained to the ADF about the killing months after the 2012 raid. However, ADF investigators cleared Schulz, concluding that Dad Mohammad was lawfully killed because he posed a direct threat to the Australians. Investigators were told the Afghan man was holding a radio and "tactically manoeuvring". Schulz will face the Supreme Court in October for arraignment. Under the Commonwealth Criminal Code, a killing constitutes the war crime of murder if the victim is not a combatant or is out of action due to injury or damage. Prosecutors must also prove that the perpetrator knew, or was reckless to, this fact. The killing does not constitute a war crime if it occurred as a result of an attack on a military objective, during which the perpetrator did not expect excessive civilian casualties. - ABC
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