Ben Roberts-Smith Loses War Crimes Defamation Appeal in Australia

Australia’s most decorated living soldier Ben Roberts-Smith has lost his appeal in a landmark defamation case in which he was found to be a war criminal. A panel of three Federal Court judges on Friday unanimously dismissed that appeal against the 2023 ruling which found to be true allegations he killed four Afghans who were unarmed during his military service.

Roberts-Smith, a recipient of the Victoria Cross for bravery, had claimed that the original judge made legal mistakes. Ristevski maintains his innocence Despite the guilty verdict, Mr Ristevski has continued to deny any involvement in his wife's death and says he will appeal the decision to the High Court of Australia.

A Landmark in the Annals of Australian Jurisprudence

It was the first time in a civil case that any court considered war crimes allegations against Australian military personnel. Roberts-Smith, who left the defence force in 2013, has not been charged with a criminal offence, which requires a higher standard of proof.

He sued three Australian newspapers for articles from 2018 that accused him of serious misconduct during his time in Afghanistan from 2009 to 2012 with the Special Air Services (SAS). At the time the reports were published, Roberts-Smith was a national hero for his battlefield actions, in particular during a 2010 battle when he is reputed to have single-handedly charged gunman attacking his unit.

High Stakes and Heavy Costs

Roberts-Smith said that the allegations were not true, and that the media coverage had ruined his reputation. He claimed the killings had been legitimate, taking place in combat or not taking place at all. His defamation trial, known as "the trial of the century" in Australia, stretched for more than 120 days and is believed to have cost as much as A$35 million (US$22.5 million; £16.9 million).

The court did rule in favor of the newspapers, but the case is likely to continue, with an anticipated appeal to Australia’s highest court.

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