Australia’s top court rejects soldier’s final appeal in defamation case

Australia’s High Court has dismissed an appeal by Ben Roberts-Smith, the nation’s most decorated soldier, bringing an end to his years-long legal battle against three major newspapers over allegations of war crimes in Afghanistan.

The ruling on Thursday leaves intact a landmark 2023 judgment that found reports in The Sydney Morning Herald, The Age, and The Canberra Times were substantially true. The articles accused the former Special Air Service (SAS) soldier of murdering four unarmed Afghan men while deployed, among other acts of misconduct.

Mr Roberts-Smith, a Victoria Cross recipient who left the military in 2013, had argued that the trial judge made significant legal errors.

However, both the Court of Appeal and now the High Court have upheld the original decision. He has also been ordered to cover the newspapers’ legal costs.

The case marked the first time an Australian court assessed allegations of war crimes committed by its forces. While the civil proceedings concluded that the reports were justified, Mr Roberts-Smith has not faced criminal charges, where the standard of proof is higher.

The saga has gripped Australia, not only because of Mr Roberts-Smith’s decorated military career but also due to its unprecedented examination of battlefield conduct.

Legal experts say Thursday’s ruling effectively closes the defamation chapter, though questions about accountability for alleged war crimes in Afghanistan remain unresolved.