SYDNEY — Ben Roberts-Smith, Australia’s most decorated living war veteran, on Friday lost his appeal in a high-profile defamation case stemming from allegations that he unlawfully killed four unarmed Afghans during his military service.
A full bench of the Federal Court upheld a 2023 ruling that found the former Special Air Service Regiment corporal was not defamed by a series of 2018 newspaper articles detailing the alleged killings and other war crimes. The articles, published by Nine Entertainment, had accused Roberts-Smith of being involved in six unlawful deaths during his deployments in Afghanistan.
Justice Anthony Besanko, who presided over the original case, concluded that the majority of the allegations were “substantially true” to the civil standard of proof, finding Roberts-Smith responsible for four of the deaths.
In their unanimous ruling on Friday, the three appeal judges rejected all grounds of appeal, affirming the lower court’s findings. Roberts-Smith, 46, did not attend the hearing in Sydney. His legal team declined to comment following the decision. His final legal recourse would be to appeal to the High Court of Australia.
Despite the civil court’s findings, Roberts-Smith has not been criminally charged. Criminal proceedings would require proof beyond a reasonable doubt—a higher threshold than the civil standard applied in the defamation case.
Roberts-Smith was awarded the Victoria Cross—the country’s highest military honor—for his actions during a 2010 raid in Afghanistan, as well as the Medal for Gallantry. The allegations against him have sparked a national reckoning over the legacy of Australia’s two-decade military involvement in Afghanistan, where more than 39,000 Australian troops served and 41 were killed.
Calls have grown among military veterans and legal experts for Roberts-Smith to be stripped of his honors in light of the court’s findings. The defense ministry has not indicated whether it will move to revoke his awards.
Throughout the lengthy legal proceedings, Roberts-Smith received financial backing from Australian billionaire Kerry Stokes, whose media group Seven West Media has long been a rival of Nine Entertainment. The case has drawn wide attention, not only for its implications for war conduct but also for its test of press freedom and public interest journalism in Australia.
