Ben Roberts-Smith to Appeal War Crimes Findings in High Court After Defamation Case Loss
Former Australian soldier faces potential criminal investigation following appeal court's upholding of war crime allegations.
Ben Roberts-Smith, a former Australian soldier and recipient of the Victoria Cross, has announced his intention to appeal to the High Court following an appeal court's decision that upheld findings suggesting he is likely a war criminal.
The Federal Court's ruling confirmed substantial truth to allegations that Roberts-Smith was involved in the unlawful killings of four unarmed Afghan civilians during his service in Afghanistan.
The appeal decision, made by Justices Nye Perram, Anna Katzmann, and Geoffrey Kennett, was reached after a review of evidence presented in February 2024 over ten days.
The court concluded that the evidence against Roberts-Smith was sufficiently cogent to support the earlier findings.
As a result, Roberts-Smith's appeal was dismissed, which may lead to further investigations by the Australian Federal Police and the Office of the Special Investigator.
Roberts-Smith, who has not been charged with any crimes and continues to deny any wrongdoing, expressed his determination to fight the ruling, stating his belief that the truth will eventually prevail.
He has stated that he plans to take the matter to the High Court in his ongoing legal battle, which began in 2018, when he filed a defamation suit against Nine newspapers and journalists Nick McKenzie and Chris Masters.
In 2023, Justice Anthony Besanko found that Roberts-Smith was complicit in the murder of Afghan men, including allegations that he executed a man with a prosthetic leg and ordered the killing of an elderly prisoner during operations known as Whiskey 108.
These actions were characterized in the ruling as part of a pattern of excessive use of force and brutality.
In response to the court's findings, Nine Publishing's managing director, Tory Maguire, highlighted the importance of investigative journalism and welcomed the ruling as an affirmation of the integrity of their reports.
Roberts-Smith’s legal battles have thus far accumulated significant costs, with estimates suggesting that he could face upwards of $30 million in legal fees as a result of the dismissed appeal and ongoing defamation proceedings.
His military reputation, once solidified by accolades, including a public recognition as Australian Father of the Year, has faced severe scrutiny since the allegations surfaced.
Despite the court's ruling, those involved in the investigation and reporting of the allegations have urged the need for accountability within Australia’s military justice system to address the findings of war crimes.
The Federal Court's ruling confirmed substantial truth to allegations that Roberts-Smith was involved in the unlawful killings of four unarmed Afghan civilians during his service in Afghanistan.
The appeal decision, made by Justices Nye Perram, Anna Katzmann, and Geoffrey Kennett, was reached after a review of evidence presented in February 2024 over ten days.
The court concluded that the evidence against Roberts-Smith was sufficiently cogent to support the earlier findings.
As a result, Roberts-Smith's appeal was dismissed, which may lead to further investigations by the Australian Federal Police and the Office of the Special Investigator.
Roberts-Smith, who has not been charged with any crimes and continues to deny any wrongdoing, expressed his determination to fight the ruling, stating his belief that the truth will eventually prevail.
He has stated that he plans to take the matter to the High Court in his ongoing legal battle, which began in 2018, when he filed a defamation suit against Nine newspapers and journalists Nick McKenzie and Chris Masters.
In 2023, Justice Anthony Besanko found that Roberts-Smith was complicit in the murder of Afghan men, including allegations that he executed a man with a prosthetic leg and ordered the killing of an elderly prisoner during operations known as Whiskey 108.
These actions were characterized in the ruling as part of a pattern of excessive use of force and brutality.
In response to the court's findings, Nine Publishing's managing director, Tory Maguire, highlighted the importance of investigative journalism and welcomed the ruling as an affirmation of the integrity of their reports.
Roberts-Smith’s legal battles have thus far accumulated significant costs, with estimates suggesting that he could face upwards of $30 million in legal fees as a result of the dismissed appeal and ongoing defamation proceedings.
His military reputation, once solidified by accolades, including a public recognition as Australian Father of the Year, has faced severe scrutiny since the allegations surfaced.
Despite the court's ruling, those involved in the investigation and reporting of the allegations have urged the need for accountability within Australia’s military justice system to address the findings of war crimes.
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