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Agence France-Presse

One of Australia’s most decorated soldiers lost a landmark defamation case against major newspapers Thursday after a bruising trial that saw accusations of murder, domestic violence, witness intimidation and war crimes.
Ben Roberts-Smith, a former member of Australia’s elite Special Air Services regiment, sued three newspapers after 2018 reports alleged he was involved in the murder of six unarmed prisoners in Afghanistan.
Roberts-Smith denied the allegations and launched a multimillion-dollar defamation case in response.
But Justice Anthony Beskano said the papers had proven many of their allegations were “substantially true” and dismissed the case.
Australia’s war crimes in Afghanistan show cost of celebrating military
The verdict was hailed as a major victory for Australian media freedom, with journalist and defendant Nick McKenzie tweeting: “Justice.”
Before the trial, Perth-born Roberts-Smith was Australia’s most famous and distinguished soldier.
He won the Victoria Cross – Australia’s highest military honour – for “conspicuous gallantry” in Afghanistan, where his unit was hunting for a senior Taliban commander.
He met then Queen Elizabeth and his image hung in the Australian War Memorial in Canberra.
But The Age, The Sydney Morning Herald and The Canberra Times alleged that behind Roberts-Smith’s lauded public persona lay a pattern of criminal behaviour.
The paper said Roberts-Smith had kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him.

He was also said to have taken part in the machine-gunning of a man with a prosthetic leg, later bringing the leg back to Australia and using it as a drinking vessel with other soldiers.
The towering veteran was also accused of domestic violence against a woman in a Canberra hotel – something the ruling said had not been completely proven – and of engaging “in a campaign of bullying” against a fellow soldier.
Roberts-Smith and his lawyers had claimed that five of the killings took place in combat, while the sixth was entirely fictitious.
The newspapers and their journalists had backed their reporting throughout the trial, primarily relying on the defence of truth.
The case became one of Australia’s longest-running defamation trials, with 40 witnesses providing often harrowing evidence about the behaviour of Australia’s special forces.


Local media has estimated the legal costs have run to US$16 million, making it one of the costliest defamation cases in the country’s history.
Lawyers for the media indicated they would be seeking “indemnity costs against the applicant” at a later date.
Roberts-Smith’s defence was partially bankrolled by the boss of Seven West Media, a rival to the three newspapers.
He was photographed holidaying in Bali ahead of the ruling and did not attend court.


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Australia

Australia court rules decorated soldier Ben Roberts-Smith committed war crimes, dismisses defamation suit

Ben Roberts-Smith won Australia’s highest military honour for “conspicuous gallantry” in Afghanistan. File photo: AP

Ben Roberts-Smith with Britain’s Queen Elizabeth at Buckingham Palace in London in  2011. Photo: Reuters

Australia’s war crimes in Afghanistan show the cost of celebrating the military

Australia has spent billions on its military involvement in Afghanistan, but its true cost is only now coming to light. Photo: Getty Images

General Angus Campbell, Chief of the Australian Defence Force, delivers the findings from the Inspector-General of the Australian Defence Force Afghanistan Inquiry, in Canberra, Australia, on November 19, 2020. (Mick Tasikas/Pool/AFP/Getty Images/TNS)

Redacted parts of the report by the Inspector-General of the Australian Defence Force Afghanistan Inquiry are seen in Canberra, Australia, November 19, 2020. AAP Image/Lukas Coch via REUTERS ATTENTION EDITORS - THIS IMAGE WAS PROVIDED BY A THIRD PARTY. NO RESALES. NO ARCHIVE. AUSTRALIA OUT. NEW ZEALAND OUT

Australia arrests ex-soldier accused of war crimes in Afghanistan

Photo: Getty Images

A 2020 inquiry revealed allegations of summary executions, body count competitions and torture by Australian forces in Afghanistan. Photo: Getty Images

Australia’s then-Prime Minister Julia Gillard meets Australian troops during a visit to a base in southern Afghanistan in 2010. Photo: Australian Department of Defence Handout via Reuters

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Taliban fighters stand guard near Zanbaq Square in Kabul. Photo: TNS

Australian Prime Minister Scott Morrison speaks during a press conference at Parliament House in Canberra on August 17, 2021. (Photo by Rohan THOMSON / AFP)

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Asia

Australasia

The Special Air Services regiment member sued three newspapers after 2018 reports alleged he was involved in the murder of six unarmed Afghan prisoners
A judge said the journalists had proven many of their allegations were ‘substantially true’ and dismissed the landmark defamation case


The Special Air Services regiment member sued three newspapers after 2018 reports alleged he was involved in the murder of six unarmed Afghan prisoners.


Afghanistan

Human rights

War and conflict