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Full Court Upholds War Crime Findings Against Ben Roberts-Smith

The court dismissed Roberts-Smith’s appeal, reaffirming his complicity in four murders and awarding costs against him, as he vows to seek a High Court appeal.

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Overview

  • The Full Court of the Federal Court upheld a 2023 ruling that found Ben Roberts-Smith committed war crimes, including the murder of four unarmed Afghan prisoners.
  • Central to the case was the machine-gunning of a man with a prosthetic leg at Whiskey 108, which the court described as reckless and brazen.
  • The court rejected Roberts-Smith's appeal argument that the Briginshaw principle was improperly applied, affirming the rigorous legal standards used in the original judgment.
  • Three independent eyewitnesses provided key testimony supporting the findings, with the court emphasizing the rarity of such corroboration in murder cases.
  • Roberts-Smith, Australia’s most decorated living soldier, plans to seek leave to appeal to the High Court, maintaining his innocence despite the rulings.