Australia’s Most Decorated Veteran Fails in Appeal Over War Crimes Allegations
Ben Roberts-Smith,Australia’s most decorated living war veteran,has been unsuccessful in his appeal against a court’s ruling that he unlawfully killed four people during his service in Afghanistan. This decision marks another chapter in a long-running legal battle stemming from allegations published in 2018.
The Defamation Case and Initial Ruling
Three newspapers-The Sydney Morning Herald, The Age, and The Canberra times-printed allegations against Mr. Roberts-Smith in 2018. in 2023,a judge ruled that the newspapers had not defamed him,concluding that the allegations were substantially true.
Appeal Rejected
Mr. Roberts-Smith appealed this decision at the Federal Court in sydney. However, a panel of three judges unanimously rejected his appeal, upholding the initial ruling.
Legal Thresholds and Next Steps
It is indeed critically important to note that Mr.Roberts-Smith has never faced criminal charges. Criminal charges require a higher standard of proof: beyond a reasonable doubt. He maintains his innocence and plans to escalate the matter to the High Court.
I have only ever asked for a fair and just hearing – that has not occurred.
Allegations of Unlawful Killings
The newspapers portrayed Mr. Roberts-Smith as someone who broke the moral and legal rules of military engagement
while serving in Afghanistan between 2006 and 2012. The allegations include:
- Fatally shooting an unarmed Afghan teenage spotter.
- Kicking a handcuffed man off a cliff before ordering his execution.
- Pressuring a lower-ranking soldier to execute an elderly, unarmed Afghan to
blood the rookie.
- Murdering an Afghan man with a prosthetic leg.
The Prosthetic Leg Incident
the judge in the initial case made a notably damning conclusion regarding the alleged murder of an Afghan man with a prosthetic leg. The judge stated that Mr. Roberts-Smith was callous and inhumane
enough to take the leg home,where soldiers were reportedly encouraged to use it as a drinking vessel.
Reactions and Calls for Accountability
Mr. Roberts-Smith was not present in court for the appeal decision and has been ordered to pay costs. He continues to deny the allegations, calling them egregious spiteful allegations.
Nick McKenzie, the journalist who initially reported the allegations, emphasized the need for accountability through the criminal justice system.
It should not be left to journalists and brave soldiers to stand up to a war criminal. Australian authorities must hold Ben Roberts-Smith accountable before our criminal justice system.
Nick McKenzie, Journalist
McKenzie also paid tribute to the soldiers who spoke out and to the Afghan children and women who have lost their fathers and husbands.
