The appeal loss highlights the complexities of proving innocence in defamation cases tied to grave accusations.
**Defamation Verdict Against Top Australian Soldier Upheld in War Crimes Case**
**Defamation Verdict Against Top Australian Soldier Upheld in War Crimes Case**
In a landmark decision, Australia's highest court maintains ruling against Ben Roberts-Smith, affirming serious war crimes allegations.
Australia’s most-decorated living soldier, Ben Roberts-Smith, has faced a significant legal defeat as a panel of three federal judges upheld a previous defamation ruling against him. This moment marks a pivotal chapter in what has been referred to as "the trial of the century." The original verdict found that the esteemed war veteran, who earned the Victoria Cross for bravery, was involved in the murder of four unarmed Afghans—a claim he has consistently denied.
In a historic first, the civil trial addressed allegations of war crimes by Australian military forces, arising from a series of newspaper articles published in 2018. These articles accused Roberts-Smith, who left the Australian Defence Force in 2013, of serious misconduct during his deployment in Afghanistan between 2009 and 2012.
Despite being celebrated as a national hero for his military achievements, Roberts-Smith sued three Australian newspapers for defamation, claiming the reports falsely portrayed him as a criminal and subsequently destroyed his life. The civil trial, which extended over 120 days and reportedly incurred costs nearing A$35 million (about $22.5 million), concluded with a judgement that found the allegations “substantially true.”
Justice Antony Besanko’s decision in June 2023 determined that Roberts-Smith had not only committed warfare-related murder but had also engaged in intimidation against fellow soldiers. In response, Roberts-Smith's legal team argued during the appeal that the judge did not adequately respect his presumption of innocence and that the evidence against him did not meet the necessary legal standards for validation.
While Roberts-Smith has yet to face criminal charges, the judgment represents a significant legal precedent in Australia’s handling of military conduct. The outcomes of the trial have sparked widespread media attention, raising questions about the accountability of soldiers during warfare and the ramifications of media reporting on alleged misconduct. As the case continues to develop, further updates are anticipated.
