The veteran of the most decorated living war in Australia Ben Roberts-Smith On Friday he lost his appeal of a ruling from the Civil Court that blamed him for illegally killing four Afghans while serving in Afghanistan.
Three judges of the Federal Court unanimously rejected their appeal of a judge’s decision in 2023 that Roberts-Smith was not defamed by newspaper articles published in 2018 that accused him of a variety of war crimes.
Justice Anthony Besanko He had ruled that the accusations were substantially faithful to a civil standard and Roberts-Smith was responsible for four of the six illegal deaths of which he had been accused.
Roberts-Smith has never faced criminal charges, which must be tested to the highest standard beyond reasonable doubt.
He was not in the Sydney court on Friday to listen to the ruling and his lawyers refused to comment. They have a final option to appeal to the Superior Court.
Roberts-Smith, 46, is a former body of the Special Air Services Regiment who received the Victoria Cross and the Gallantesia Medal for his service in Afghanistan. Around 39,000 Australian soldiers served in Afghanistan and 41 were killed.
His SAS colleagues are among those who call him to become the first of the winners of Victoria Cross in Australia to be stripped of the highest prize for gallantry in battle.
Roberts-Smith has received financial support for Australian billionaire Kerry Stokes, whose Seven West Media media business is a nine entertainment rival that published the articles that Roberts-Smith argued that he defamed him.
