Soldier loses defamation case
One of Australia’s most decorated soldiers lost a landmark defamation case against major newspapers yesterday after a bruising trial that saw accusations of murder, domestic violence, witness intimidation and war crimes.
Ben Roberts-Smith, a former member of Australia’s elite Special Air Service regiment, sued three newspapers after 2018 reports alleged he was involved in the murder of six unarmed prisoners in Afghanistan.
Mr Roberts-Smith denied the allegations and launched a multi-milliondollar defamation case in response.
But after two years of deliberations, Justice Anthony Beskano said the papers had proven that the bulk of their allegations were “substantially true” and dismissed the case.
The verdict was hailed as a major victory for Australian media freedom, with journalist and defendant Nick McKenzie tweeting: “Justice.”
Before the trial, Perth-born RobertsSmith had been Australia’s most famous and distinguished living soldier.
He won the Victoria Cross — Australia’s highest military honour — for “conspicuous gallantry” in Afghanistan, where his unit was hunting for a senior Taliban commander.
He met then Queen Elizabeth II and his image hung in the Australian War Memorial in Canberra.
But reporters at The Age, The Sydney Morning Herald and The Canberra Times alleged that behind RobertsSmith’s lauded public persona lay a pattern of criminal behaviour.
The papers said Mr Roberts-Smith had kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him.
He was also said to have taken part in the machine-gunning of a man with a prosthetic leg, later bringing the leg back to Australia and using it as a drinking vessel with other soldiers.
The towering veteran was also accused of domestic violence against a woman in a Canberra hotel and of engaging “in a campaign of bullying” against a fellow soldier — allegations the justice said had not been completely proven. The case became one of Australia’s longest-running defamation trials, with 40 witnesses providing often harrowing evidence about the behaviour of Australia’s special forces.
Australian media has estimated the legal costs have run to US$16 million (556 million baht), making it one of the costliest defamation cases in the country’s history. Lawyers for the media indicated they would be seeking “indemnity costs against the applicant” at a later date.
Mr Roberts-Smith’s defence was partially bankrolled by the boss of Seven West Media, a rival to the three newspapers. He was photographed holidaying in Bali ahead of the ruling and did not attend court.