Ben Roberts-Smith
Following a brutal trial that included charges of murder, domestic violence, witness intimidation and war crimes, one of Australia’s most decorated soldiers lost a landmark defamation case against major newspapers on Thursday.
Ben Roberts-Smith, a former member of Australia’s elite Special Air Services regiment, filed a lawsuit against three publications after allegations surfaced in 2018 that he was involved in the murder of six unarmed prisoners in Afghanistan.
In response to the charges, Roberts-Smith filed a multi-million-dollar defamation suit.
However, Justice Anthony Beskano ruled that the papers had proven many of their assertions to be “substantially true” and dismissed the case.
The verdict was welcomed as a significant win for media freedom in Australia, with journalist and defendant Nick McKenzie tweeting: “Justice”.
Prior to the trial, Roberts-Smith, who was born in Perth, was Australia’s most recognised and distinguished soldier.
He was awarded the Victoria Cross, Australia’s highest military accolade, for conspicuous gallantry in Afghanistan, where his squad was hunting for a prominent Taliban commander.
However, according to the Age, The Sydney Morning Herald and The Canberra Times, Roberts-Smith’s acclaimed public persona masks a record of criminal behaviour.
According to the article, Roberts-Smith kicked an unarmed Afghan civilian off a cliff and then ordered his colleagues to shoot him.
He was also accused of taking part in the machine-gunning of a guy with a prosthetic leg, afterwards carrying the leg back to Australia and using it as a drinking vessel with other soldiers.
The veteran was also accused of domestic assault against a woman in a Canberra hotel, which the ruling noted was unproven, and of engaging in a campaign of bullying against a fellow soldier.
Five of the homicides, according to Roberts-Smith and his lawyers, occurred in the fight, while the sixth was wholly fabricated.
Throughout the trial, the newspapers and their journalists stood by their reporting, relying solely on the defence of truth.
The case became one of Australia’s longest-running defamation trials, with 40 witnesses delivering often horrifying evidence regarding Australia’s special forces’ behaviour.
According to the local media, the legal fees totalled US$16 million, making it one of the most expensive defamation lawsuits in the country’s history.
Lawyers for the media said they will seek indemnity costs against the applicant later.
The CEO of Seven West Media, a rival to the three newspapers, contributed to Roberts-Smith’s defence.
He was photographed vacationing in Bali ahead of the verdict and did not appear in court.
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