Daily Mirror (Northern Ireland)

Oz hero soldier loses war crimes legal fight

EX-SAS man killed prisoners in Afghanista­n, judge finds

- BY CHRIS HUGHES Defence and Security Editor c.hughes@mirror.co.uk @defencechr­is

A DECORATED Australian SAS soldier has lost a defamation court case over claims he killed unarmed prisoners in Afghanista­n.

Ben Roberts-smith was honoured with the Victoria Cross and met the late Queen at Buckingham Palace.

But a judge found allegation­s by newspapers that he committed war crimes were substantia­lly true.

One allegation in the articles, which were published in 2018, claimed the former special forces man killed a prisoner who had a prosthetic leg by firing a machine gun into his back in 2009.

He then kept the man’s false leg as a novelty beer drinking vessel.

Another accusation was that Mr Robertssmi­th kicked a handcuffed farmer off a cliff into a riverbed, where an SAS comrade shot him dead in 2012.

Federal judge Anthony Besanko said the ex-soldier “broke the moral and legal rules of military engagement” and disgraced Australia.

Mr Roberts-smith, 44, denies any wrongdoing. His lawyers blamed “corrosive jealousy” by bitter people within the SAS who they claimed ran a poisonous campaign against him.

After the civil trial ruling in Sydney, Nick Mckenzie, one of the reporters responsibl­e for the articles, praised SAS whistleblo­wers who testified in the defamation case. He said: “Today is a day of justice for those brave men of the SAS who stood up and told the truth about who Ben Roberts-smith is – a war criminal, a bully and a liar.

“Australia should be proud of those men in the SAS. They are the majority in the SAS, they stood up for what was right and they have been vindicated.”

Mr Roberts-smith sued newspapers including The Sydney Morning Herald, The Age and The Canberra Times over their articles. The newspapers proved four of the six murder accusation­s they made.

Reports of domestic violence allegedly committed by Mr Roberts-smith were found to be unproven.

His lawyer, Arthur Moses, asked for 42 days to consider lodging an appeal to the Full Bench of the Federal Court.

Mr Roberts-smith’s legal costs have been covered by his billionair­e employer Kerry Stokes, executive chairman of Seven West Media.

The former corporal, who met the late Queen in 2011, is one of several Australian soldiers under investigat­ion for alleged war crimes in Afghanista­n.

Australian Special Air Service Associatio­n chair Martin Hamilton-smith described the ruling as a “very disappoint­ing day” for the elite regiment.

 ?? ?? CROSS WINNER Ben Roberts -Smith in his military medals
CROSS WINNER Ben Roberts -Smith in his military medals
 ?? ?? HONOUR With Queen in 2011
HONOUR With Queen in 2011
 ?? ?? AT COURT The former corporal
AT COURT The former corporal

Newspapers in English

Newspapers from United Kingdom