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Ben Roberts-Smith Loses Defamation Appeal Over War Crimes Allegations

The Federal Court upheld findings that Australia's most decorated living soldier unlawfully killed Afghan civilians, leaving only the High Court as an appeal option.

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 unanimously dismissed Ben Roberts-Smith's appeal, affirming that war crimes allegations against him were substantially true on the balance of probabilities.
  • The court also rejected Roberts-Smith's bid to reopen the appeal based on a secret recording, ruling it insufficient to alter the outcome of the case.
  • This decision paves the way for potential criminal investigations by the Australian Federal Police and the Office of the Special Investigator, though Roberts-Smith has not been criminally charged to date.
  • The prolonged legal battle has accumulated over AUD 25 million in costs, with Roberts-Smith now likely liable for substantial legal fees owed to the media outlets he sued.
  • Roberts-Smith, who denies all allegations, intends to seek special leave to appeal the decision in the High Court of Australia, his final legal recourse.