Australian War Hero Ben Roberts-Smith's Defamation Battle Ends in Court Ruling

Ben Roberts-Smith, Australia's most-decorated soldier, lost his appeal in a defamation case that ruled against him regarding war crime allegations from his time in Afghanistan. Despite maintaining his innocence, the court upheld earlier findings that deemed claims of murdering unarmed Afghan civilians as "substantially true."

 

In a landmark ruling that marks a significant moment in Australian military history, Ben Roberts-Smith, the nation's most-decorated living soldier, has lost an appeal concerning a major defamation case identifying him as having committed war crimes. The appeal was rejected by a panel of three Federal Court judges, who reaffirmed a previous judgment that found news articles alleging that Roberts-Smith murdered four unarmed Afghan individuals to be true.

The judge's decision stems from a civil trial in 2023, which was extraordinary as it was the first instance in which a court has formally evaluated claims of war crimes committed by Australian forces. Roberts-Smith asserted throughout that the judge had erred in his legal conclusions, but the Federal Court upheld the original findings, effectively concluding this chapter of a highly publicized case.

Having left the Australian Defence Force in 2013, Roberts-Smith has not faced any criminal charges related to these accusations, which would require a more stringent standard of proof. He brought the defamation action against three major Australian newspapers that published articles in 2018, which alleged serious misconduct during his military deployment in Afghanistan between 2009 and 2012 as part of a US-led coalition. At the time of the articles' publication, he was hailed as a national hero, notably for receiving the Victoria Cross after a battle against Taliban fighters.

The former soldier claims that the reported incidents either occurred legally within the context of combat or did not transpire, emphasizing the severe impact the allegations have had on his life and reputation. The trial, often referred to as "the trial of the century" in Australia, spanned over 120 days and has reportedly incurred costs reaching up to A$35 million (approximately $22.5 million).

In ruling against Roberts-Smith, Justice Antony Besanko found evidence substantially substantiating claims of murder and bullying, while additional allegations of other forms of misconduct could not be proved to the required civil standard. The core argument of the appeal revolved around the presumption of innocence, which the defense claimed was inadequately considered by the court.

As this high-profile case concludes, it raises poignant discussions on the accountability and conduct of military personnel, as well as the balance between establishing truth in media reporting and preserving individual reputations amid serious allegations.