Ben Roberts-Smith loses appeal against defamation ruling he committed war crimes in Afghanistan
The decision was handed down on Friday morning in Sydney and marks a key moment in a marathon legal battle that has spanned seven years.
The ruling upholds the decision of justice Anthony Basenko in 2023 who found that Roberts-Smith had, on the balance of probabilities, committed war crimes while deployed in Afghanistan.
The federal court decision affirms that claims made in news reports by McKenzie and Masters in 2018 that Roberts-Smith was responsible for the murder of four unarmed civilians when deployed in Afghanistan were substantially true.
Roberts-Smith, 46, is one of Australia's most decorated soldiers. He was awarded Australia's highest military honour, the Victoria Cross, in 2011, for single-handedly taking out machine-gun posts to protect pinned-down colleagues in Afghanistan. He has always denied the allegations against him.
He appealed Basenko's ruling, and the appeal was heard in the federal court over 10 days in February 2024. More than a year later, the court handed down its ruling.
The decision means that only the high court can now overturn the findings he has committed war crimes. It also opens the way for a potential criminal investigation by the Australian federal police and the Office of the Special Investigator.
The cost of the long-running legal proceedings are believed to exceed $25m. Now that Robert-Smith's appeal has failed, he could be ordered by the court to pay these costs.
The court also refused Roberts-Smith's application to reopen the appeal over a secret recording he claims reveals an alleged miscarriage of justice.
In a recording of a phone call between McKenzie and one of the witnesses in the trial, McKenzie can be heard telling her that Roberts-Smith's ex-wife and her friend were 'actively briefing us on his legal strategy' during the initial trial.
Sign up to Morning Mail
Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters
after newsletter promotion
McKenzie has denied claims he obtained privileged information while investigating Roberts-Smith.
Additional reporting Australian Associated Press
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Sun
an hour ago
- The Sun
Foreign lags are set to be deported straight after jail term & won't be able to appeal until they're abroad
MORE foreign lags are set to be deported straight after their jail term — and they won't be able to appeal until they are back home. A scheme — called Deport Now, Appeal Later — that covered offenders from just eight countries is being expanded to 23. Foreign criminals are put on flights immediately after their sentence — and they can only fight the decision once they are back in their own country. It aims to stop deportation cases clogging up UK courts. The countries to be added are Angola, Australia, Botswana, Brunei, Bulgaria, Canada, Guyana, India, Indonesia, Kenya, Latvia, Lebanon, Malaysia, Uganda and Zambia. Home Secretary Yvette Cooper said: 'For far too long, foreign criminals have been exploiting our immigration system, remaining in the UK for years while their appeals drag on. "That has to end — those who commit crimes in our country cannot be allowed to manipulate the system.' Foreign Secretary David Lammy said: 'We are leading diplomatic efforts to increase the number of countries where foreign criminals can be swiftly returned. "And if they want to appeal, they can do so safely from their home country.' Nearly 5,200 foreign lags have been removed since July 2024 — up 14 per cent on the previous year. The expansion of the scheme, which will go before MPs 'in due course', comes after steps were announced to allow foreign offenders to be deported after sentencing. Instead of going to jail, they will be flown home. But the plan, which Justice Secretary Shabana Mahmood said would save £54,000 a year per prisoner, faced Tory criticism. Ex-Justice Secretary Alex Chalk said it gives a green light to foreign crooks, adding: 'They will think the worst that can happen to me is that I'll be put on a plane.' 1
The Guardian
2 hours ago
- The Guardian
News live: Netanyahu brands Australia ‘shameful' for ‘marching into rabbit hole' of recognising Palestinian statehood
Update: Date: 2025-08-10T21:15:55.000Z Title: Good morning Content: Hello, and happy Monday. It's Nick Visser here to take you through the news as we get into another week. Here's what's on deck: The Israeli prime minister, Benjamin Netanyahu, said it is 'shameful' and 'disappointing' Australia and countries in Europe were marching into a 'rabbit hole' when it came to recognition of a Palestinian state. Netanyahu said international calls to do so were not going to change Israel's position, adding the country had 'no choice but to proceed with its plan' and 'finish the job'. Many Victorians reported seeing a bright meteor light up the sky last night. Residents between Bendigo and Ballarat shared footage of the phenomenon as a fireball streaked across the night sky around 8pm on Sunday. Stick with us.
The Guardian
2 hours ago
- The Guardian
Morning Mail: Albanese eyes universal childcare; Netanyahu defends Gaza occupation plan; confusion over Ukraine peace summit
Good morning. The government has got the ball rolling on the creation of a universal childcare system – a policy that could be central to Anthony Albanese's political legacy. Elsewhere, Benjamin Netanyahu has defended Israel's plans to occupy Gaza City, despite warnings about further humanitarian calamity at an emergency session of the UN security council. In further international news, Ukraine's allies have called for Kyiv to have a seat at the table as Trump and Putin prepare for talks. Closer to home, experts are convinced the RBA will cut interest rates this week as Australian households continue to endure cost-of-living pressures. Rates expectation | Economists and financial markets are (again) convinced the RBA board is about to drop the official cash rate from 3.85% to 3.6%, after the central bank held rates steady last month, despite expectations. Exclusive | Labor has commissioned consultancy giants Deloitte to help design a universal childcare system in Australia as Anthony Albanese chases a political legacy to rival Medicare. Explainer | Before the Australian election, both main parties wanted to cut international student numbers. So why has the government announced that it will increase places by 25,000 next year? Israel sales | The acting PM, Richard Marles, was adamant on Sunday that Australia is not selling weapons to Israel despite exports of F-35 fighter jet parts – but critics say parts of weapons are still weapons. 'Hard to watch' | Officials have released startling footage of 'heart-in-mouth' near misses in NSW and urged people to be more careful near the light rail network during Rail Safety week. Gaza crisis | Benjamin Netanyahu has defended his Gaza City takeover plan as the 'speediest way' to end the war with Hamas but the UN warns of 'calamity'; UN experts say Gaza faces 'starvation, pure and simple' as child deaths mount. Russia-Ukraine war | Europe's leaders are raising pressure on Donald Trump to involve Ukraine in talks with Putin; and confusion over the Alaska summit shows Vladimir Putin still calls the shots, Shaun Walker writes. European blazes | Wildfires have forced the closure of trails on Mount Vesuvius in Italy, while those working to contain France's biggest wildfire since 1949 face a 'challenging day' in soaring heat. 'A lot of money to be made' | A spate of robberies of luxury handbags in Paris suggests that high-value leather goods are now a bigger target for organised criminals than jewels or cash. 'I'll get back to you' | Emma Thompson has accepted Academy Awards, Baftas and even a damehood over her career, but there was one offer she had to turn down – a date with Donald Trump. Why doesn't Adani pay any corporate tax? When Adani first sought government approval for its Carmichael coalmine in Queensland, a major selling point was the company's pledge to deliver $22bn in taxes and royalties. But, the Australian government has not received a single cent in corporate tax. Jonathan Barrett speaks with Reged Ahmad about why it's time for a rethink on how we tax corporate wealth. Dr Karl Kruszelnicki has been answering curly listener questions about science with characteristic excitement and passion, for more than 40 years. But the 77-year-old science communicator can't be everywhere all at once. So he is working on an AI chatbot designed to answer questions on the climate crisis. Will it change sceptics' minds? Well, he's willing to give it a try. In the latest in our Kindness of strangers series, we hear from a reader who found themselves sore, sad and scared after a mastectomy – and in need of a new bra. Overwhelmed and sobbing deep among a department store's racks of bras, they were saved by a shop assistant who took them by both hands and promised that eventually 'it will all be OK'. Sign up to Morning Mail Our Australian morning briefing breaks down the key stories of the day, telling you what's happening and why it matters after newsletter promotion Cricket | Tim David (above) and Josh Hazlewood shine as Australia sink South Africa in the first match of a T20 with a 17-run victory. AFL | Individual brilliance got the Bulldogs over the line on a typical Beveridge-era day of AFL footy, Jonathan Horn writes. Football | Crystal Palace sank Liverpool on penalties to claim the Community shield; there was a reality check for Liverpool after summer transfers and tragedy, John Brewin writes. Darts | Luke Littler lit up Wollongong with his Australian Darts Masters victory. Australia's ski resorts are backing themselves with major investments despite recent lean years on the slopes, ABC News reports. CSIRO researchers have developed a new algorithm that can block images from being used to create deepfakes, the Sydney Morning Herald reports. Victoria residents between Ballarat and Bendigo reported seeing a meteor burning through the sky overnight, the Age reports. NSW | NCAT hearing continues for MP Mark Latham, accused of sexual harassment in the workplace. ACT | The Crawford Fund's food security annual conference is being held at Parliament House in Canberra. Business | JB Hi-Fi earnings for the 2025 financial year are due to be released. If you would like to receive this Morning Mail update to your email inbox every weekday, sign up here, or finish your day with our Afternoon Update newsletter. You can follow the latest in US politics by signing up for This Week in Trumpland. And finally, here are the Guardian's crosswords to keep you entertained throughout the day. Until tomorrow. Quick crossword Cryptic crossword
