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Ben Roberts-Smith Loses Appeal Over Defamation Ruling on War Crimes

Federal Court upholds findings that the decorated soldier committed unlawful killings in Afghanistan, leaving only the High Court as a potential avenue for appeal.

FILE - Ben Roberts-Smith arrives at the Federal Court in Sydney, Australia, Wednesday, June 9, 2021. (AP Photo/Rick Rycroft, File)
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Overview

  • The Full Court of the Federal Court dismissed Ben Roberts-Smith's appeal, affirming the 2023 ruling that he committed four unlawful killings during his deployment in Afghanistan.
  • The court also rejected Roberts-Smith's bid to reopen the appeal based on a secret recording alleging journalistic misconduct by Nick McKenzie.
  • The findings were made on the civil standard of the balance of probabilities, which is lower than the criminal standard of beyond a reasonable doubt.
  • This decision potentially opens the door for criminal investigations by the Australian Federal Police and the Office of the Special Investigator.
  • The legal proceedings, spanning seven years and costing over $25 million, could now move to the High Court if Roberts-Smith chooses to pursue further appeal.