Australian war hero appeals court decision implicating him for war crimes

Australia's most decorated living soldier on Tuesday (July 11) filed a notice to appeal against a landmark court ruling that implicated him in multiple war crimes while serving in Afghanistan. Ben Roberts-Smith, a former member of Australia's elite Special Air Service regiment, has sued three Australian newspapers over their stories alleging him of having orchestrated the killing of unarmed Afghan prisoners. The stories were printed in 2018.

Roberts-Smith lost the multi-million-dollar courtroom battle in June. A judge has found that the newspapers had proven that bulk of their allegations were "substantially true".

Roberts-Smith, who was not in court for the June 1 judgment, was quoted as saying on June 15 that he stood by his actions while serving in the military and disagreed with the outcome of his lawsuit.

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The towering soldier has reignited the legal battle. Federal Court documents showed that he filed a "notice of appeal" on Tuesday afternoon.

There is no immediate report on when thecase would be heard in court.

Reuters said that alawyer for Roberts-Smith did not respond to request from comment.

Ben-Roberts is Australia's most famous living soldier. He is the recipient of Victoria Cross which is Australia's highest military honour. He was honoured for "conspicuous gallantry" in Afghanistan while he was on the hunt for a senior Taliban commander.

The Age, The Sydney Morning Herald and The Canberra Times shredded this reputation when they published a series of bombshell reports alleging that Roberts-Smith had engaged in a pattern of criminal and immoral behaviour while serving overseas.

Allegations of harming civilians

The news outlets reported that Roberts-Smith kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him. He reported also took part in machine-gunning of a man with a prosthetic leg. He then brought the leg back to an army bar and used it as a drinking vessel with comrades.

The court ruling ultimately implicated Roberts-Smith in the murder of four unarmed Afghan prisoners. The case was country's longest-running defamation trial. Media reports suggest that the legal cost is to the tune of USD 16 million.

Australia has in recent years been forced to reckon with the actions of its troops in Afghanistan, as well as deeper questions surrounding its macho military culture.

In 2020, a military investigation found "credible evidence" about special forces personnel unlawfully killing 39 Afghan civilians and prisoners. Allegations of summary executions, body count competitions and torture were revealed.

(With inputs from agencies)

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