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Top Australian soldier loses appeal over war crimes defamation case

Top Australian soldier loses appeal over war crimes defamation case

Summary

Ben Roberts-Smith, a highly decorated Australian soldier, lost an appeal in a defamation case where a judge ruled that he committed war crimes, as reported by several newspapers. A panel of three Federal Court judges upheld the original decision, and despite Roberts-Smith's claims of innocence, he has not been criminally charged.

Key Facts

  • Ben Roberts-Smith is Australia's most-decorated living soldier.
  • A judge ruled in 2023 that articles claiming Roberts-Smith committed war crimes were true.
  • The defamation case was the first time claims of war crimes by Australian forces were assessed in court.
  • The Federal Court upheld the ruling, meaning the original decision remains valid.
  • Roberts-Smith maintains his innocence and has not faced criminal charges.
  • He sued three newspapers after reports in 2018 alleged misconduct during his time in Afghanistan from 2009 to 2012.
  • The defamation trial lasted over 120 days and reportedly cost around A$35 million.
  • Additional allegations of personal misconduct were found not proven by the required legal standard in civil cases.
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