Ben Roberts-Smith, a highly decorated Australian war veteran, has encountered a significant setback in his legal battle following allegations of war crimes committed during his deployment in Afghanistan. The Victoria Cross recipient initially launched a defamation lawsuit against Nine newspapers and journalists Nick McKenzie and Chris Masters in response to their reports from 2018, which asserted that he was involved in war crimes. However, in 2023, Justice Anthony Besanko determined that the claims surrounding Roberts-Smith’s accountability for the killings of four unarmed civilians were largely true.
Recently, Roberts-Smith had his appeal dismissed by the Full Court of the Federal Court after a ten-day hearing in February 2024. The court confirmed that Nine’s defence was well-supported by evidence, thereby upholding Justice Besanko’s initial findings regarding the war crime allegations. This ruling could result in Roberts-Smith owing potentially tens of millions in legal costs, originally estimated to exceed $25 million, with the final amount likely to be significantly higher due to the complexities of subsequent appeals and other legal proceedings.
Roberts-Smith’s original case revolved around accusations that he was complicit in the extrajudicial killings of several unarmed individuals during his service. His military reputation had previously been celebrated, especially after he was awarded the Victoria Cross in 2011 for his bravery in battle. However, his status shifted dramatically when allegations surfaced in reports, suggesting heinous acts including the murder of a man with a prosthetic leg and the chilling execution of an elderly prisoner, purportedly as a means to instil toughness in inexperienced soldiers. Additional claims involved him ordering the execution of another prisoner after firearms were discovered, alongside further allegations of violence against handcuffed detainees.
Despite the gravity of these claims, Roberts-Smith has yet to face any criminal charges. With the Federal Court’s latest ruling confirming that the war crime allegations hold substantial weight, the path ahead for Roberts-Smith seems precarious. He may choose to continue pursuing the case to the High Court in a final attempt to clear his name, prolonging an already lengthy legal ordeal marked by serious implications for his personal and professional life.
As it stands, Roberts-Smith’s journey from celebrated war hero to a figure embroiled in scandal highlights the complex and often troubling realities faced by military personnel and the scrutiny that can arise post-deployment.