FridayOL

Roberts-Smith's Appeal Rejected: War Crimes Findings Stand After Costly Legal Battle

In a significant development following a protracted and expensive legal battle, former Special Forces soldier Ben Roberts-Smith has failed to overturn a landmark court decision that found him responsible for war crimes in Afghanistan. The appeal, which concluded recently, marks the end of a seven-year defamation case costing tens of millions of dollars.

The Original Judgment: A Summary

The original Federal Court judgment, handed down in 2021, found that Roberts-Smith, a highly decorated former soldier, had committed or been complicit in six war crimes in Afghanistan between 2009 and 2012. These allegations included murder and being a party to the cruel treatment of prisoners. The court's decision was based on evidence presented by The Sydney Morning Herald and The Age newspapers, who published a series of investigative articles detailing the alleged misconduct.

Roberts-Smith launched a defamation lawsuit against the newspapers, denying the allegations and claiming they damaged his reputation. However, the court sided with the media outlets, finding that the core claims against him were substantially true.

The Appeal and its Outcome

Roberts-Smith’s appeal sought to challenge several aspects of the original judgment, including the court’s assessment of witness credibility and the weight given to certain evidence. The appeal process involved extensive legal arguments and further scrutiny of the evidence. However, the Full Federal Court dismissed his appeal, upholding the original findings. The court reasoned that the original judge's findings were well-reasoned and supported by the evidence presented.

The Financial Toll

The legal proceedings have been extraordinarily costly for Roberts-Smith. Estimates suggest the total legal fees, for both sides, have exceeded AUD$30 million. This staggering figure highlights the complexities and expense of defamation cases, particularly those involving high-profile individuals and sensitive allegations.

Implications and Future Considerations

This outcome has significant implications for Roberts-Smith and for the broader understanding of Australian military operations in Afghanistan. The findings raise serious questions about the conduct of Australian soldiers in the region and could potentially lead to further investigations. Furthermore, the case underscores the importance of media scrutiny and accountability in holding individuals, even those with distinguished service records, responsible for their actions.

While Roberts-Smith's legal team has indicated they are considering further options, the likelihood of a successful appeal to the High Court appears slim. The case serves as a stark reminder of the devastating consequences of allegations of war crimes and the ongoing need for transparency and accountability within the military.

What's Next?

• Potential referral to the Australian Defence Force's Inspector-General of the Australian Defence Force (IGADF) for investigation.
• Further public debate and scrutiny of Australia’s involvement in Afghanistan.
• Ongoing legal proceedings related to costs and other matters.