UPDATE: Ben Roberts-Smith has been ordered to pay a staggering $30 million to Nine Newspapers following the failure of his appeal against serious war crime allegations. The Federal Court ruled against the decorated soldier, who contested claims he was involved in the murder of four unarmed civilians in Afghanistan. This urgent decision underscores the significant legal battles facing Roberts-Smith as he continues to fight for his reputation.
In a critical ruling on October 12, 2023, the court dismissed Roberts-Smith’s appeal, which stemmed from a 2023 decision by Justice Anthony Besanko that determined the allegations against him were “substantially true.” Despite his claims of innocence, the court found compelling evidence against him, including testimonies from three eyewitnesses to one alleged murder at a compound known as Whiskey 108.
Roberts-Smith’s appeal was characterized by the judges as lacking merit, stating that his behavior was inconsistent with his protests of innocence. The judges remarked, “Ordering another soldier to execute an old man kneeling on the ground is not an ambiguous situation.” This statement highlights the severe nature of the allegations and the gravity of the court’s findings.
The legal costs associated with the 110-day trial and the subsequent 10-day appeal are unprecedented, raising the stakes for Roberts-Smith as he navigates this complex legal landscape. The court has mandated that he cover part of Nine’s appeal costs, although he will not be liable for indemnity costs, which typically exceed standard legal fees.
In a striking contrast, the judges pointed out the absurdity of Roberts-Smith’s defense, likening it to a doctor with a misguided perception of their own professional failures. They emphasized the clarity of the evidence against him, stating that “the appellant executed the man with the prosthetic leg with a burst of machine gun fire.”
The former SAS corporal’s legal team has indicated plans to appeal to the High Court, asserting that the Full Court made errors in its judgment. Roberts-Smith maintains his innocence and continues to fight against what he describes as false allegations.
As negotiations over the legal costs commence, both parties have been given two weeks to reach an agreement. If they fail to do so, an official registrar will determine the lump sum owed based on the arguments presented.
This developing story raises crucial questions about accountability and the implications of military conduct in war zones. The legal repercussions for Roberts-Smith are profound, and the public reaction is likely to be significant as more details emerge in the coming weeks.
For updates, stay tuned as this case continues to unfold.
