Ben Roberts-Smith, Australia’s most decorated living soldier, has lost his appeal in a historic defamation case that found he committed war crimes while serving in Afghanistan.
The Federal Court of Australia upheld a 2023 ruling that deemed news reports alleging the former SAS corporal murdered four unarmed Afghans were substantially true. The court also found that he bullied fellow soldiers and lied to cover up his misconduct.
Roberts-Smith, who left the military in 2013, has denied all wrongdoing and announced plans to escalate the case to the High Court.
“I maintain my innocence and reject these egregious and spiteful allegations,” he said in a statement.
A Landmark Legal Battle
The defamation lawsuit, launched in 2018 against The Age, The Sydney Morning Herald, and The Canberra Times, became one of the most high-profile civil trials in Australian history—dubbed the “trial of the century.” It spanned over 120 days and may have cost up to A$35 million (approx. $22.5 million USD).
Roberts-Smith had claimed the articles destroyed his reputation and life. He argued that the alleged incidents either didn’t happen or occurred legally during combat operations from 2009 to 2012.
However, in June 2023, Justice Antony Besanko ruled the newspapers had met the burden of proof in a civil trial, where the standard is “balance of probabilities.”
Appeal Dismissed Unanimously
A three-judge panel unanimously dismissed the appeal on May 16, 2025, saying the trial judge made no significant legal errors.
The panel stated, “The evidence was sufficiently cogent to support the findings that the appellant murdered four Afghan men.” While minor errors were noted in the original ruling, they were “inconsequential to the outcome.”
The appeal judges also dismissed a last-minute claim by Roberts-Smith’s legal team alleging journalistic misconduct, including a leaked phone call involving investigative reporter Nick McKenzie. The judges found no miscarriage of justice.
Calls for Criminal Prosecution
Though never criminally charged, Roberts-Smith now faces growing calls for prosecution. McKenzie, reacting to the court decision, said it was a “resounding win for press freedom and truth.”
“It should not be left to journalists and soldiers to stand up to a war criminal,” McKenzie said. “It’s time for Australian authorities to act.”
The court also ordered Roberts-Smith to pay the legal costs incurred by the newspapers.
Background
Roberts-Smith was previously hailed as a national hero, having received the Victoria Cross for bravery in Afghanistan. His dramatic fall from grace has ignited public debate over military accountability, journalistic integrity, and the role of Australia’s armed forces in overseas conflicts.
