Australian soldier loses defamation court case over Afghanistan war crimes

One of Australia's most decorated living soldiers has lost a defamation lawsuit against three newspapers, which accused him of involvement in the murder of six Afghans during the invasion of Afghanistan.

Ben Roberts-Smith, a former member of Australia's elite Special Air Services regiment, sued three newspapers after 2018 reports alleged he was involved in the murder of at least six unarmed prisoners in Afghanistan.

Roberts-Smith denied the allegations and launched a multi-million-dollar defamation case in response.

But Justice Anthony Beskano said the papers had proven many of their allegations were "substantially true" and dismissed the case.

The verdict was hailed as a major victory for Australian media freedom, with journalist and defendant Nick McKenzie tweeting: "Justice."

Analysts had previously described the case as a "de facto war crimes" trial.

Before the trial, Perth-born Roberts-Smith was Australia's most famous and distinguished soldier.

He won the Victoria Cross –– Australia's highest military honour –– for "conspicuous gallantry" in Afghanistan, where his unit was hunting for a senior Taliban commander.

'Pattern of criminal behaviour'

But The Age, The Sydney Morning Herald and The Canberra Times alleged that behind Roberts-Smith's lauded public persona lay a pattern of criminal behaviour.

The papers said Roberts-Smith had kicked a handcuffed Afghan civilian off a cliff and ordered two subordinates to shoot the man dead.

He was also said to have taken part in the machine-gunning of a man with a prosthetic leg, later bringing the leg back to Australia and using it as a drinking vessel with other soldiers.

The towering veteran was also accused of domestic violence against a woman in a Canberra hotel –– something the ruling said had not been completely proven –– and of engaging "in a campaign of bullying" against a fellow soldier.

Roberts-Smith and his lawyers had claimed that five of the killings took place in combat, while the sixth was entirely fictitious.

The newspapers and their journalists had backed their reporting throughout the trial, primarily relying on the defence of truth.

The case became one of Australia's longest-running defamation trials, with 40 witnesses often providing harrowing evidence against Roberts-Smith. It also exposed a broader controversy about alleged abuses committed by Australia's special forces in Afghanistan.

A landmark 2020 report found that there was “credible evidence” that members of the country's special forces had unlawfully killed at least 39 people while being deployed in Afghanistan.

Local media has estimated the legal costs have run to US$16 million, making it one of the costliest defamation cases in the country's history.

Lawyers for the media indicated they would be seeking "indemnity costs against the applicant" at a later date.

Roberts-Smith's defence was partially bankrolled by the boss of Seven West Media, a rival to the three newspapers. He worked at the Seven West media company as a general manager.

He was photographed holidaying in Bali ahead of the ruling and did not attend the court hearing.