Highly-decorated Australian soldier loses case against media giants amidst grave war crimes allegations

After a lengthy and contentious trial, Ben Roberts-Smith, a highly decorated Australian soldier, suffered a significant defeat in a defamation case against major newspapers.

The case revolved around serious allegations of murder, domestic violence, witness intimidation, and war crimes. Roberts-Smith, a former member of Australia's esteemed Special Air Service regiment, took legal action against three newspapers that published reports in 2018 accusing him of involvement in the killing of six unarmed prisoners in Afghanistan.

Australia's military engagement in Afghanistan spanned two decades, during which approximately 39,000 troops were deployed as part of US and NATO-led operations against the Taliban and other militant groups. As returning veterans came back home, the actions of some soldiers came under scrutiny.

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Justice Anthony Beskano, presiding over the case, ultimately ruled that the majority of the allegations made by the newspapers were "substantially true" and dismissed the case.The verdict was widely regarded as a significant win for media freedom in Australia.

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Before the trial, Roberts-Smith had gained widespread recognition as one of Australia's most celebrated and distinguished living soldiers. He had received the Victoria Cross, the highest military honour in the country, for his remarkable bravery during a mission in Afghanistan where his unit was searching for a senior Taliban commander.

Roberts-Smith had even been personally acknowledged by Queen Elizabeth II, and his image was prominently displayed in the Australian War Memorial in Canberra.

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However, the newspapers involved in the case, including The Age, The Sydney Morning Herald, and The Canberra Times, alleged that Roberts-Smith's esteemed public persona concealed a history of criminal conduct.

They reported instances where Roberts-Smith allegedly kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him. He was also accused of participating in the machine-gunning of a man with a prosthetic leg, which he purportedly brought back to Australia and used as a drinking vessel with fellow soldiers.

Furthermore, he faced allegations of domestic violence against a woman in a Canberra hotel and engaging in a campaign of bullying against a fellow soldier. Justice Beskano clarified that while not all the allegations were completely proven, some were deemed substantially true.

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The defamation trial became one of the longest and most protracted in Australia's history, with 40 witnesses testifying and presenting distressing evidence concerning the conduct of Australia's special forces.

The estimated legal costs incurred by the media outlets involved soared to around US$16 million, making it one of the country's costliest defamation cases. The media's legal representatives indicated their intention to seek indemnity costs from Roberts-Smith at a later stage.

Australian troops in Afghanistan and the investigation

In 2020, an internal military investigation concluded that special forces personnel had unlawfully killed 39 Afghan civilians and prisoners. The investigation uncovered disturbing allegations of summary executions, competitions over body counts, and torture carried out by Australian forces.

Under mounting pressure, the Australian government appointed a Special Investigator to examine whether current and former soldiers should face criminal charges. This process has already resulted in one individual in his 40s being charged with "one count of War Crime-Murder," marking the first time a serving or former member of the Australian Defence Force faces such charges.

Reports suggest that Ben Roberts-Smith is among those who remain under investigation by the Office of the Special Investigator.

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