Ben Roberts-Smith‘s Final Appeal Rejected: A Definitive End to a Landmark Defamation Case
The High Court of Australia has definitively closed the door on Ben Roberts-Smith’s legal challenges, refusing his application for special leave to appeal the 2023 federal Court ruling against him. This marks the end of a seven-year legal battle stemming from allegations published by Nine Newspapers that labelled the decorated former special forces soldier a war criminal. If you’ve been following this case,you know the implications are notable,not just for Roberts-Smith,but for the broader conversation surrounding accountability within the Australian Defense Force.
This decision effectively upholds the Federal Court’s finding that the core allegations against Roberts-Smith – concerning his conduct during deployments in Afghanistan – were substantially true. Let’s break down what this means, the claims leveled against him, and why this case has garnered so much attention.
Understanding the Core Allegations
The case centered around a series of articles published in 2018 by The Sydney Morning Herald and The Age, alleging Roberts-Smith’s involvement in unlawful killings and acts of brutality during his service in Afghanistan. Specifically, the reports detailed accusations including:
The Darwan Incident (2012): Allegations that Roberts-Smith kicked an unarmed, handcuffed Afghan man, Ali Jan, off a cliff and then orchestrated a cover-up, including planting a radio near the body.
Whiskey 108 Raid (2009): Claims that Roberts-Smith machine-gunned an unarmed prisoner in the back during a raid on a compound known as Whiskey 108.
Ordering the Execution of an Elderly Prisoner: Accusations that Roberts-Smith stood by while a junior soldier was instructed to execute an elderly Afghan prisoner to “blood” him.
Machine-gunning of another prisoner: Claims that roberts-Smith machine-gunned another prisoner.
These are incredibly serious accusations, and Roberts-Smith vehemently denied them, launching a defamation suit against Nine Newspapers.
The Court Findings: What Was Proven?
Justice Anthony Besanko, in his initial Federal Court ruling, found that the allegations were substantially true. This wasn’t a simple matter of belief; the court meticulously examined evidence presented over a lengthy 110-day trial.
Key findings included:
Darwan Cover-Up confirmed: The court found that Roberts-Smith did kick Ali Jan off the cliff and actively participated in a cover-up, attempting to fabricate a narrative of legitimate combat.
Whiskey 108 Murder established: The court accepted evidence from three eyewitnesses confirming Roberts-Smith machine-gunned an unarmed prisoner at Whiskey 108. This was a pivotal point, as the sheer number of corroborating accounts proved difficult to dismiss.
Complicity in the “Blooding” of a Soldier: the court found Roberts-Smith was present and did not intervene when a junior soldier was ordered to execute an elderly prisoner.
The Full Court of the Federal Court, in upholding the original decision on appeal, reinforced the weight of this evidence, dismissing Roberts-Smith’s arguments that he hadn’t accepted the truth of certain allegations.
the Appeal Process and Its Conclusion
roberts-smith argued that the Full Court erred in assuming he accepted allegations that weren’t actively re-contested during the appeal. Though, the High Court’s refusal to grant special leave to appeal signifies that they didn’t believe there was a reasonable prospect of success.
This decision brings an end to his legal options within the Australian court system. It’s important to note that while the court found the allegations substantially true in a civil defamation context, Roberts-Smith has not been charged with any criminal offences related to these incidents.
The Financial Implications
The legal battle has been extraordinarily expensive. The combined costs of the trial and the two appeals are estimated to exceed $30 million. Roberts-Smith has been ordered to pay Nine Newspapers’ legal costs for the unsuccessful Federal Court appeal, adding significantly to his financial burden.
Why This Case Matters: Beyond the Individual
This case extends far beyond the fate of one individual. It has:
Sparked a National Conversation: It has forced a difficult but necessary national conversation about the conduct of Australian special forces in Afghanistan and the need for accountability.
* Highlighted the Brereton Inquiry: The case unfolded
