Australian Veteran Appeals Against Defamation Ruling Over Killing of Afghans
Australian veteran Ben Roberts-Smith, who retired from the country’s elite Special Air Service Regiment a decade ago, has filed an appeal against a landmark defamation ruling. Roberts-Smith, who was awarded the Victoria Cross for gallantry in Afghanistan, lost the defamation suit on June 1. The suit was filed against newspapers that had accused him of war crimes, including the unlawful killings of Afghan civilians.
The Federal Court confirmed that Roberts-Smith filed the appeal on Tuesday, seeking to salvage his reputation. The veteran had taken leave from his job as a state manager of Seven West Media national business to focus on the court case but resigned a day after the verdict. The case has been financed by the media company’s billionaire executive chairman, Kerry Stokes.
The allegations against Roberts-Smith stemmed from newspaper articles published in 2018, which accused him of various war crimes. The articles were published by newspapers owned by Nine Entertainment, Seven West Media’s main rival in the Australian television industry.
In the original defamation trial, a judge dismissed Roberts-Smith’s claims and found that the articles were substantially true. The judge further concluded that Roberts-Smith was responsible for four of the six unlawful deaths he had been accused of.
Apart from the defamation suit, Roberts-Smith is also under investigation by Australian police for potential criminal prosecution related to the war crimes allegations. In March, a former SAS soldier became the first to be charged with a war crime from Australia’s 20-year campaign in Afghanistan.
Some of Roberts-Smith’s former SAS colleagues have called for him to be stripped of the Victoria Cross, the highest award for gallantry in battle, making him the first Australian recipient to face such action. His official citation commended his selfless valour during a firefight in Kandahar province in 2010, where he displayed total disregard for his own safety.
Roberts-Smith’s legal battle with the newspapers has come at a significant financial cost. If his appeal fails, he has agreed to bear the legal costs of the newspapers, which could exceed 35 million Australian dollars (£18m) according to estimates.
Australia deployed around 39,000 troops to Afghanistan, with 41 losing their lives during the 20-year campaign. The allegations against Roberts-Smith highlight the complex and contentious issues surrounding the conduct of Australian soldiers in Afghanistan.
The appeal filed by Roberts-Smith will now undergo further legal proceedings in the Federal Court. The outcome will determine whether the veteran can salvage his reputation and combat the serious allegations leveled against him.
