High-Ranking Military Official’s Appeal Dismissed in War Crimes Defamation Case
Australia’s most decorated living soldier, Ben Roberts-Smith, has faced a significant legal setback after losing an appeal against a landmark defamation ruling. The 2023 judgment found that allegations he committed war crimes, including the murder of four unarmed Afghan men, were true. Roberts-Smith, who has consistently denied the allegations, argued that the judge made legal errors during the trial. This case marks a historic moment as it is the first time a court has evaluated claims of war crimes involving Australian forces.
Background of the Case
Ben Roberts-Smith, a former special forces corporal, left the Australian Defence Force in 2013. He gained national recognition for his bravery, having received the Victoria Cross for his actions during a Taliban attack on his Special Air Service (SAS) platoon. However, in 2018, three Australian newspapers published articles alleging serious misconduct during his deployment in Afghanistan from 2009 to 2012. These reports accused him of committing war crimes, including the unlawful killings of Afghan prisoners and civilians. Following the publication of these articles, Roberts-Smith initiated a defamation lawsuit against the newspapers, claiming that their reports had severely damaged his reputation and personal life.
The civil trial, which has been referred to as “the trial of the century,” lasted over 120 days and is estimated to have cost up to A$35 million (approximately $22.5 million). The proceedings were closely watched, as they represented a significant moment in Australian legal history, addressing allegations of war crimes by its military personnel.
Judicial Findings and Appeal Outcome
In June 2023, Federal Court Justice Antony Besanko dismissed Roberts-Smith’s case against The Age, The Sydney Morning Herald, and The Canberra Times. The judge ruled that it was “substantially true” that Roberts-Smith had murdered unarmed Afghan prisoners and civilians and had engaged in bullying behavior towards fellow soldiers. Justice Besanko also found that Roberts-Smith had lied to conceal his misconduct and had threatened witnesses. While some additional allegations, including claims of physical violence against a partner and other murders, were not proven to the required standard, the core findings against him were significant.
Roberts-Smith’s legal team argued that the judge did not adequately consider his presumption of innocence. His barrister, Bret Walker, SC, contended that the evidence presented by the newspapers did not meet the necessary legal standards for such serious allegations. The appeal was focused on whether the judge had properly weighed the implications of the findings against Roberts-Smith, given the gravity of the accusations.
Reactions and Implications
The outcome of this case has sparked widespread discussion in Australia regarding military conduct and accountability. The ruling has implications not only for Roberts-Smith but also for the broader Australian Defence Force, as it raises questions about the actions of soldiers during combat operations. The case has highlighted the need for transparency and accountability in military operations, particularly in light of allegations of war crimes.
Roberts-Smith has maintained his innocence throughout the proceedings and has not faced criminal charges related to these allegations, which would require a higher burden of proof. The legal battle has taken a toll on his personal and professional life, as he continues to fight against the allegations that have marred his reputation as a national hero. As this story develops, it remains a focal point in discussions about military ethics and the legal frameworks surrounding allegations of war crimes. The implications of this case will likely resonate within Australian society and the military for years to come.
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