Overview

• Australia’s High Court refused special leave to appeal, closing seven years of litigation and leaving civil findings that Ben Roberts‑Smith was complicit in four unlawful killings in Afghanistan.
• The court ordered Roberts‑Smith to pay Nine a negotiated lump‑sum contribution to appeal costs after rejecting indemnity costs, with a registrar to determine the amount if talks fail.
• The Full Court’s reasoning highlighted three eyewitnesses to the Whiskey 108 killing and said the conduct described in the findings was not ambiguous.
• The case featured a 110‑day trial with 41 witnesses and legal bills reported around $30 million plus additional appeal costs, with Kerry Stokes funding the trial but not the appeal.
• Nine has subpoenaed Gina Rinehart for documents on any funding of Roberts‑Smith’s appeal as questions persist over who underwrote his costs, including a $910,000 security payment.