SYDNEY – Australia’s most highly decorated serving soldier, Ben Roberts-Smith, has had his defamation appeal thrown out, with the court upholding there was “substantial truth” to reports in the media that he killed four unarmed Afghan men while serving. The decision seals a milestone court fight that has captivated the country and shaken the reputation of the military.
The Federal Court ruling follows Roberts-Smith’s bid to have a 2023 ruling overturned that concluded he committed war crimes as a member of the elite SAS. The appeal judges confirmed the initial verdict, reaffirming that The Age, The Sydney Morning Herald, and The Canberra Times investigative reports were journalistically sound and backed by credible evidence.
Roberts-Smith, awarded the Victoria Cross in 2011, denied the charges at all times, maintaining that the publications had discredited a decorated veteran’s reputation. But evidence from other soldiers, forensic data, and contradictions in his own testimony eventually undermined his assertions of innocence, the court said.
Legal analysts have described the verdict as establishing a landmark precedent for prosecuting military personnel and safeguarding media freedom. While in Australia, the controversy has heated up on the nation’s war record in Afghanistan and whether additional criminal charges need to be pursued. Roberts-Smith can expect hefty financial fines and more damage to his reputation.
