Ben Roberts Smith Loses Defamation Case Over War Crime Allegations, Marking a Historic Legal Defeat for Australia’s Most Decorated Soldier

Ravi Singh

Ben Roberts Smith, long revered as one of Australia’s most decorated living war heroes, has lost his high-profile defamation case against three major media outlets, bringing an end to years of legal proceedings that gripped the nation. The case revolved around deeply serious allegations of war crimes committed during his service in Afghanistan, and a Federal Court ruling has now concluded that these accusations were substantially true.

Justice Anthony Besanko, presiding over the case, found that Ben Roberts Smith was involved in the unlawful killing of Afghan civilians and prisoners. The judgment noted that in 2012, during operations in the village of Darwan, Roberts-Smith physically forced a handcuffed Afghan villager off a cliff and later directed a subordinate to shoot him. This event was among several chilling accounts that led the court to determine, on the balance of probabilities, that the war veteran had committed acts amounting to war crimes.

Ben Roberts Smith, a recipient of the prestigious Victoria Cross—Australia’s highest military honor—was once hailed for his bravery during a deadly 2011 battle against Taliban insurgents. But his reputation took a dramatic turn in 2018 when investigative reports by journalists Nick McKenzie, Chris Masters, and David Wroe were published in The Sydney Morning Herald, The Age, and The Canberra Times. These articles alleged a series of disturbing actions by Roberts-Smith during his deployments between 2009 and 2012, including the unlawful killings of six unarmed prisoners.

Despite his continued denial of all allegations, Thursday’s ruling represents a watershed moment in Australian legal and military history. It is the first time a civil court has examined and confirmed war crime allegations against a member of the Australian Defence Force. The judgment, while not resulting in financial damages for the media companies, is expected to leave Roberts-Smith facing millions in legal costs.

The former soldier, now 44, did not appear in court for the final ruling, symbolizing the closing of a chapter that once showcased heroism but now casts a long shadow over his legacy. The case not only challenges the public’s perception of military valor but also sets a precedent for holding even the most celebrated figures accountable for their actions in the theatre of war.

As Australia continues to reckon with its military conduct overseas, the Ben Roberts Smith case serves as a stark reminder of the importance of transparency, accountability, and the power of investigative journalism in uncovering the truth.