Ben Roberts-Smith, Australia’s most decorated living war veteran, has had his appeal rejected in a high-profile defamation case regarding newspaper reports of his conduct in Afghanistan.
On Friday, three federal court judges unanimously upheld the original 2023 ruling that found the 2018 newspaper articles accusing Roberts-Smith of war crimes were substantially true to a civil standard. The initial judgment determined he was responsible for four of six alleged unlawful killings.
The 46-year-old former Special Air Service (SAS) Regiment corporal, who holds both the Victoria Cross and Medal for Gallantry for his service in Afghanistan, was not present in the Sydney court for the decision. His legal representatives declined to comment afterward, though they still have the option to appeal to Australia’s High Court.
Despite the civil court findings, Roberts-Smith has never faced criminal charges, which would require proof beyond a reasonable doubt rather than the lower civil standard applied in defamation proceedings.
Some of Roberts-Smith’s former SAS colleagues have called for his Victoria CrossโAustralia’s highest award for battlefield gallantryโto be revoked, which would make him the first recipient to lose the honor.
Throughout the legal proceedings, Roberts-Smith has received financial backing from Australian billionaire Kerry Stokes, whose Seven West Media company competes with Nine Entertainment, the publisher of the articles Roberts-Smith claimed were defamatory.
Roberts-Smith was among approximately 39,000 Australian soldiers who served in Afghanistan, where 41 Australian military personnel lost their lives.
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