Australia’s most decorated living war veteran has lost his appeal against a court’s ruling that he unlawfully killed four people while on duty in Afghanistan.
The allegations against Ben Roberts-Smith were printed by three newspapers in 2018 – and in 2023, a judge concluded he had not been defamed.
Mr Roberts-Smith appealed against this decision at the Federal Court in Sydney, but a panel of three judges unanimously rejected his request.
He has never faced criminal charges, which must be proven to the higher standard of beyond reasonable doubt.
The former Special Air Service Regiment corporal, who was awarded the Victoria Cross and Medal for Gallantry, says he will “immediately” seek a High Court challenge.
He was portrayed as someone who “broke the moral and legal rules of military engagement” while serving in Afghanistan between 2006 and 2012.
The Sydney Morning Herald, The Age and The Canberra Times had alleged he played a part in the unlawful killings of several Afghans.
Soldiers who said they were there accused him of fatally shooting an unarmed Afghan teenage spotter, and kicking a handcuffed man off a cliff before ordering him to be shot dead.
The papers also reported the 46-year-old had pressured a low-ranking soldier to execute an elderly, unarmed Afghan to “blood the rookie”.
And in another case, it was alleged that he had murdered an Afghan man with a prosthetic leg.
The judge in the initial case concluded he was “callous and inhumane” enough to take that leg back home, where soldiers were encouraged to use it as a drinking vessel.
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Mr Roberts-Smith was not in court for the decision on Friday, and he has now been ordered to pay costs.
He says he continues to deny the “egregious spiteful allegations” against him, adding: “I have only ever asked for a fair and just hearing – that has not occurred.”
Nick McKenzie, the journalist who made the allegations in his articles, said the war veteran must be held accountable before the criminal justice system.
He paid tribute to the soldiers who spoke out, as well as the “Afghan children and women who have lost their fathers and husbands”.
“It should not be left to journalists and brave soldiers to stand up to a war criminal. Australian authorities must hold Ben Roberts-Smith accountable before our criminal justice system,” he said.
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