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Australian war veteran Ben Roberts-Smith lied, threatened witnesses in defamation trial: Judgement

Australian war veteran Ben Roberts-Smith lied, threatened witnesses in defamation trial: Judgement

File photo of former SAS corporal Ben Roberts-Smith.

Ben Roberts-Smith, Australia's most-decorated war veteran, lied to cover up his misconduct and threatened witnesses in a defamation trial, according to the judgement released on Monday (June 5).

The judgement of Federal Court Judge Anthony Besanko said that Smith was complicit in and responsible for the murder of three Afghan men during his deployment. Smith was also "not an honest and reliable witness in...many areas" and was a bully toward other Australian soldiers.

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"I have found that the applicant (Roberts-Smith) was complicit in and responsible for the murder of EKIA56 ... in 2009 and the murder of Ali Jan at Darwan on 11 September 2012 and the murder of the Afghan male at Chinartu on 12 October 2012," the 736-page judgement read.

ALSO READ | Explained: Who is Ben Roberts-Smith, Australia’s decorated living soldier accused of war crimes?

Smith, a former corporal in the Australian Special Air Service (SAS)- a special forces unit, was accused by three Australian newspapers of unlawful killings in Afghanistan. Smith, 44, was accused by the newspapers of ordering a lower-ranking soldier to shoot dead an "older Afghan male", identified in the case as EKIA56, to "blood the rookie," the news agency Reuters reported.

Last Thursday (June 1), Federal Court Judge Bensanko threw out Smith's defamation case against the newspapers, saying the media outlets had proven substantial truth in their reporting, ending a case which lifted the veil of secrecy over the SAS.

Smith engaged in 'campaign of bullying'

In the judgement, Bensanko found Smith engaging in a campaign of bullying against another Australian soldier, including what he called a "death threat" when the SAS veteran said, "If your performance doesn't improve on our next patrol, you're going to get a bullet in the back of the head."

"The applicant has motives to lie, being a financial motive to support his claim for damages in these proceedings, a motive to restore his reputation which he contends has been destroyed by the publication of the articles and significantly, a motive to resist findings against him which may affect whether further action is taken against him," the judge wrote, adding Smith was not an honest and reliable witness in many areas.

SAS veteran quits Seven West Media

After losing the defamation case, Ben Roberts-Smith resigned from Seven West Media. Smith was the general manager of Seven Queensland. On June 2, The managing director and chief executive officer of Seven, James Warburton, told staff Smith offered his resignation.

“As you’re all aware, the judgment in the defamation case was handed down yesterday,” Warburton said in an email seen by Guardian Australia. Smith stood aside from his job in Queensland in 2021 to focus on the defamation trial.

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