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Ben Roberts-Smith: Top Australian soldier loses war crimes defamation case Ben Roberts-Smith: Top Australian soldier loses war crimes defamation case
(32 minutes later)
Ben Roberts-Smith sued three newspapers over a series of articlesBen 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 that accused him of war crimes in Afghanistan.
The newspapers were sued over articles which alleged he had killed unarmed prisoners or civilians. The outlets were sued over articles alleging he killed unarmed prisoners.
The civil trial was the first time in history a court has assessed claims of war crimes by Australian forces. The civil trial was the first time a court has assessed accusations of war crimes by Australian forces.
The claims - denied by the soldier - were substantially true, a judge said. A judge said four of the six murder allegations - all denied by the soldier - were substantially true.
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. Justice Anthony Besanko found the newspapers had not been able to prove other reports 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. Mr Roberts-Smith has not been charged over any of the claims and no findings have been made against him in a criminal court - where there is a higher burden of proof. The 44-year-old 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. An elite Special Air Service (SAS) soldier, Mr Roberts-Smith is Australia's most famous living war veteran.
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. He 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.
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. 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 between 2009 and 2012.
The elite soldier claimed five of the killings had occurred legally during combat, and the sixth did not happen at all. During the trial, the elite soldier argued five of the killings reported by the newspapers had occurred legally during combat, and the sixth did not happen at all.
Justice Besanko found four of the murder allegations were substantially true, but there was not enough evidence for the other two. Justice Besanko found the media outlets - The Sydney Morning Herald, The Age and The Canberra Times - had not proven two allegations, but upheld their reporting on four murders.
This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest version. These included:
You can receive Breaking News on a smartphone or tablet via the BBC News App. You can also follow @BBCBreaking on Twitter to get the latest alerts. A handcuffed farmer the soldier had kicked off a cliff - a fall which knocked out the man's teeth, before he was subsequently shot dead
A captured Taliban fighter who was shot at least 10 times in the back, before his prosthetic leg was taken as a trophy and later used by troops as a drinking vessel
Two murders which were ordered by Mr Roberts-Smith to initiate or "blood" rookie soldiers.
Defence Minister Richard Marles declined to comment on the case, but outside court the journalists called the judgement a "vindication" for their reporting.
Chris Masters thanked the newspapers for publishing the stories and backing their work.
"I think it will go down in history as one of the great calls," he said.
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Defamation casesDefamation cases
AustraliaAustralia