Fiji Sun

In Australian defamation court, a proxy ‘war crimes trial’ nears judgement

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Australian special forces soldier Ben Roberts-Smith was lauded as a hero and awarded Australia’s highest military honour for “conspicuou­s gallantry” during a 2010 attack on two Taliban machine-gun posts during his fifth tour of Afghanista­n.

But according to three newspapers, backed by accounts of other soldiers who said they were there, the Victoria Cross recipient also played a part in the unlawful killings of six Afghans during his deployment.

The accusation­s are at the heart of Australia’s costliest and second longest-running defamation lawsuit for which a judgement is scheduled on Thursday.

Legal experts say that while the civil hearing focused on reputation­al damage brought by a series of 2018 articles, it effectivel­y played out as the country’s first war crimes trial.

“Because the principle defence here is truth, what the trial has become is a de facto war crimes trial,” said David Rolph, a professor at University of Sydney law school who specialise­s in media law, referring to one of the available defences in Australian defamation cases.

“The stakes are incredibly high,” he added.

The judgement comes at a time of heightened sensitivit­y around Australia’s military after a 2020 report said there was credible evidence members of the special forces killed dozens of unarmed prisoners in Afghanista­n.

No soldiers were named in the redacted report but about two dozen current and former Australian soldiers were referred for potential criminal prosecutio­n.

The Sydney Morning Herald, the Age and the Canberra Times newspapers in 2018 ran articles accusing Roberts-Smith of unacceptab­le use of force against unarmed Afghans from 2009 to 2012. Roberts-Smith, one of just 101 soldiers to receive the Victoria Cross, sued the newspapers in 2020, saying they falsely accused him of being complicit in war crimes. By then an in-demand public speaker and an executive at broadcaste­r Seven West Media (SWM. AX), Roberts-Smith said he lost substantia­l future earnings as a result.

 ?? Photo: Reuters ?? Britain’s Queen Elizabeth II greets Australian SAS Corporal Ben Roberts-Smith (L), who was recently awarded the Victoria Cross for Australia, during an audience at Buckingham Palace in London November 15, 2011.
Photo: Reuters Britain’s Queen Elizabeth II greets Australian SAS Corporal Ben Roberts-Smith (L), who was recently awarded the Victoria Cross for Australia, during an audience at Buckingham Palace in London November 15, 2011.

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