The most decorated soldier in Australian military history lost a multi-million dollar defamation case against three newspapers that accused him of committing war crimes in Afghanistan, including the execution of unarmed prisoners after a judge ruled that their reports met the standards of truth.
The decision, handed down by Federal Court Justice Anthony Besanko on Thursday, brings a dramatic conclusion to a lengthy trial and deals with another injury to the military's reputation, which was already damaged by the 100 days of testimony.
Ben Roberts-Smith Loses Mammoth Defamation Case
Besanko discovered that The Age, The Sydney Morning Herald, and The Canberra Times established substantial truth in a number of claims about Ben Roberts-Smith, but not all.
In some instances, he discovered that the documents established contextual truth, which is also a defense under the Defamation Act of Australia. In other scenarios, he discovered that the documents failed to establish the truth, as per CNN.
In the most damning findings, Besanko stated that the documents demonstrated there was substantial truth to the allegation that Ben Roberts-Smith, a former member of the special forces, murdered an unarmed Afghan civilian by kicking him off a precipice and commanding his soldiers to shoot him.
Besanko also discovered that the allegations that Roberts-Smith killed a man with a prosthetic limb in Afghanistan with a machine gun, then brought the prosthetic leg back to Australia and encouraged his soldiers to use it as a drinking vessel, were supported by substantial evidence.
Roberts-Smith, who was awarded Australia's highest decoration for valor, the Victoria Cross, and hailed as a hero for his bravery and leadership, has an already tarnished reputation, which is further harmed by the truth of the most severe allegations.
As part of the defense for the newspapers, former comrades testified at the trial that they witnessed Roberts-Smith murder unarmed civilians in violation of the laws of war and that he was a tyrant and belligerent towards some of those he served with.
Per Guardian, the trial also revealed the spiteful dissolution of his marriage to Emma Roberts, the mother of his two daughters, and his tumultuous liaison with a woman he met after departing the military.
If the newspapers prevail, the reputations of the journalists who wrote the articles will be enhanced.
The trial revealed years of meticulous effort to confirm rumors within the mysterious and secretive world of Australia's SAS regiment. Nonetheless, the verdict might not be a straightforward decision. The judge could determine that some of the newspaper's defense allegations were proven, but not others.
If so, the judge will likely measure the damage to Roberts-reputation Smith's caused by the unproven allegations against the damage caused by the proven allegations.
Australia's Campaign in Afghanistan
Military details of Australia's unsuccessful 20-year campaign in Afghanistan have been laid bare in open court; ministers of the crown have been subpoenaed to testify; media empires have been pitched in barely concealed conflict; and institutions such as the Australian War Memorial, which still hosts a Roberts-Smith-dedicated display, have been drawn into the controversy.
Within Australia's military hierarchy, questions have been raised about the command responsibility of senior officers and the more remote decision-makers who repeatedly dispatched the same small group of soldiers to the ill-defined frontlines of a dangerous, costly war against an elusive, faceless foe.
The trial has also revealed vindictive factionalism within Australia's normally covert SAS regiment. Former closest friends who provided irreconcilable evidence have been pitted against each other as a result.
Mohib Iqbal, the president of the Afghan National Council Australia, told SBS News that the case was "closely followed by Afghans in Australia and around the world."
Iqbal stated that the case demonstrated the significance of the Australian government providing compensation to the families of civilian victims. Major General Paul Brereton concluded his four-year investigation into alleged malfeasance by Australian special forces in Afghanistan in 2020.
The Brereton Report detailed "credible" evidence of 39 unlawful murders of Afghan civilians or detainees, and recommended prompt payment of compensation to restore "Australia's standing."
When asked if he would contemplate depriving Roberts-Smith of his service medals, the minister of defense, Richard Marles, refused to comment.
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