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Australian soldier loses landmark defamation case Ben Roberts-Smith: Australian soldier loses landmark defamation case
(32 minutes later)
Ben Roberts-Smith sued three newspapers over a series of articles
Australia's most-decorated living soldier Ben Roberts-Smith has lost a historic defamation case against three newspapers which accused him of war crimes in Afghanistan.Australia's most-decorated living soldier Ben Roberts-Smith has lost a historic defamation case against three newspapers which accused him of war crimes in Afghanistan.
The Australian newspapers were sued over several articles which also said he had bullied peers and punched a woman with whom he was having an affair. The newspapers were sued over articles which alleged he had killed unarmed prisoners or civilians.
It is the first time in history a court has assessed allegations of war crimes by Australian forces. The civil trial was the first time in history a court has assessed claims of war crimes by Australian forces.
The judge said the lengthy civil trial had proved the murder allegations - denied by Mr Roberts-Smith - were substantially true. The claims - denied by the soldier - were substantially true, a judge said.
Mr Roberts-Smith has not been charged over any of the claims and no findings have been made against him in a criminal court. He was not in court for Thursday's judgement. Justice Anthony Besanko found the newspapers had not been able to prove other allegations that he assaulted a woman with whom he was having an affair, or that he had threatened to report a junior colleague if he did not falsify field reports. Additional allegations of bullying were found to be true, however.
Mr Roberts-Smith has not been charged over any of the claims and no findings have been made against him in a criminal court. He was not present for Thursday's judgement.
The 44-year-old received Australia's highest military award - the Victoria Cross - in 2011 for having single-handedly overpowered Taliban machine-gunners who had been attacking his platoon.
But Mr Roberts-Smith's public image was tarnished in 2018 when journalists Nick McKenzie, Chris Masters and David Wroe started publishing articles about his misconduct in The Sydney Morning Herald, The Age and The Canberra Times.
The newspapers claimed Mr Roberts-Smith - an elite Special Air Service (SAS) soldier - was involved in six murders of unarmed prisoners while deployed in Afghanistan between 2009 and 2012.
The judge found four of those allegations were substantially true, but there was not enough evidence for the other two.
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Related Topics
Defamation cases
Australia