Decorated Australian soldier loses war crimes defamation appeal
Perth-born Ben Roberts-Smith had been Australia's most famous and distinguished living soldier. (AP pic)
SYDNEY : One of Australia's most decorated soldiers lost a legal bid today to overturn bombshell court findings that implicated him in war crimes while serving in Afghanistan.
Former SAS commando Ben Roberts-Smith has been fighting to repair his tattered reputation since 2018, when newspapers unearthed allegations he took part in the murder of unarmed Afghan prisoners.
His multi-million dollar bid to sue three Australian newspapers for defamation failed in 2023, with a judge ruling the bulk of the journalists' claims were 'substantially true'.
The 46-year-old suffered another setback today, when Australia's federal court dismissed his appeal.
Justice Nye Perram withheld the reasons for the decision, saying there were national security implications the government must consider before they are released.
A published summary said there was sufficient evidence to support findings that Roberts-Smith had 'murdered four Afghan men'.
Roberts-Smith argued in his appeal that the judge 'erred' in the way he assessed some of the evidence.
Perth-born Roberts-Smith had been Australia's most famous and distinguished living soldier.
He won the Victoria Cross – Australia's highest military honour – for 'conspicuous gallantry' in Afghanistan while on the hunt for a senior Taliban commander.
The Age, The Sydney Morning Herald and The Canberra Times shredded this reputation with a series of reports in 2018.
The papers reported Roberts-Smith had kicked an unarmed Afghan civilian off a cliff and ordered subordinates to shoot him.
He was also said to have taken part in the machine-gunning of a man with a prosthetic leg, which was later brought back to an army bar and used as a drinking vessel.
The 2023 court ruling ultimately implicated Roberts-Smith in the murder of four unarmed Afghan prisoners.
Civil court matters such as defamation have a lower standard of proof than criminal trials.
Roberts-Smith has not faced criminal charges.
Australia deployed 39,000 troops to Afghanistan over two decades as part of US and Nato-led operations against the Taliban and other rebel groups.
A 2020 military investigation found special forces personnel 'unlawfully killed' 39 Afghan civilians and prisoners, revealing allegations of summary executions, body count competitions and torture by Australian forces.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
4 hours ago
- Free Malaysia Today
Activists retract claims against Penang exco in defamation dispute
The dispute concerned a video shared by the activists that linked Penang executive councillor Zairil Khir Johari's family to the appointment of the project delivery partner for the Penang South Reclamation project. (X pic) GEORGE TOWN : Penang executive councillor Zairil Khir Johari has withdrawn his defamation suit against activists Ravinder Singh and Khoo Salma Nasution after all parties reached a settlement. The dispute concerned a video shared by the activists that linked Zairil's family to the appointment of the project delivery partner for the Penang South Reclamation (PSR) project. Under the settlement, recorded before sessions court judge Sharmila Abdul Samad via e-review, Zairil, the state infrastructure committee chairman, agreed to drop the suit without costs and waived the right to refile it. In return, Ravinder and Khoo removed the video from their social media platforms and agreed not to repost it. The settlement included a joint statement from the activists, who expressed regret for any embarrassment or harm caused to Zairil or his family. They acknowledged that the allegations in the video were unfounded. 'All parties believe that resolving the matter is in the best interest of everyone involved,' the statement read. The video was part of a protest campaign against the PSR, a land reclamation project off the southern coast of Penang island, now known as Penang South Islands. Zairil was represented by Zharif Nizamuddin. Ravinder was represented by Shamsher Singh Thind and Khoo by Theiva Lingam.
Malay Mail
11 hours ago
- Malay Mail
‘I lied because I was scared': Accused Aussie mushroom killer admits deception in court
SYDNEY, June 5 — An Australian woman accused of murdering three people with poisonous mushrooms told a court on Thursday she lied to police because she feared being held 'responsible'. Erin Patterson is charged with murdering her estranged husband's parents and aunt in 2023 by spiking their beef Wellington lunch with lethal death cap mushrooms. She is also accused of attempting to murder a fourth guest — her husband's uncle — who survived after a long stay in hospital. Patterson maintains the lunch was poisoned by accident and has pleaded not guilty to all charges. An Australian court was told Thursday how Patterson used a food dehydrator to prepare mushrooms that she had collected while foraging. Patterson later told police she did not own a food dehydrator, the prosecution said. 'You lied about dehydrating food and mushrooms because you knew that if you told police the truth, then that would implicate you in the poisoned lunch,' prosecution lawyer Nanette Rogers said on Thursday. 'Agree or disagree?' Patterson responded: 'I agree that I lied because I was afraid I would be held responsible.' The court previously heard that Patterson used a food dehydrator to preserve store-bought and foraged mushrooms, which she then kept in her pantry. Days after the deadly lunch, security cameras allegedly captured Patterson discarding the dehydrator at a local rubbish dump. Detectives said they found traces of death cap mushrooms in the dehydrator, the court previously heard. 'I didn't deliberately put death cap mushrooms in the meal,' Patterson told the court on Thursday. The prosecution alleges Patterson intentionally poisoned her lunch guests and took care that she did not consume the deadly mushrooms herself. Her defence says Patterson ate the same meal as the others but did not fall as sick. Beef Wellington Patterson asked her estranged husband Simon to the family lunch at her secluded rural Victoria home in July 2023. Simon turned down the invitation because he felt too uncomfortable, the court heard previously. The pair were long estranged but still legally married. Simon's parents Don and Gail were happy to attend, dying days after eating the home-cooked meal. Simon's aunt Heather Wilkinson also died, while her husband Ian fell seriously ill but later recovered. Patterson told the court on Thursday if Simon had attended the lunch, she would have 'given him a beef Wellington too'. 'But not one with death cap mushrooms in it intentionally,' she said. Patterson's defence lawyer Colin Mandy on Thursday asked if she intended to kill or cause serious injury to her lunch guests that day. Patterson replied she did not. The trial continues. — AFP
Malay Mail
a day ago
- Malay Mail
Australia's mushroom murder suspect says toxic fungi may have been foraged by mistake
SYDNEY, June 4 — An Australian woman accused of murdering three people by lacing their lunch with toxic mushrooms told a court on Wednesday she may have unwittingly used 'foraged' fungi in the dish. Erin Patterson is charged with murdering her estranged husband's parents and aunt in 2023 by spiking their beef Wellington lunch with lethal death cap mushrooms. She is also accused of attempting to murder a fourth guest — her husband's uncle — who survived after a long stay in hospital. Patterson maintains the lunch was poisoned by accident, pleading not guilty to all charges in a case that continues to grip Australia. The 50-year-old choked up with emotion as she gave her account of the meal on Wednesday. She said she decided to improve the beef-and-pastry dish with dried mushrooms after deciding it tasted a 'little bland'. While she initially believed a kitchen container held store-bought mushrooms, she said it may have been mixed with foraged fungi. 'I decided to put in the dried mushrooms I brought from the grocer,' she told the court. 'Now I think that there was a possibility that there were foraged ones in there as well.' Patterson earlier told the court how she had started foraging for mushrooms during a Covid lockdown in 2020. She also told the court on Wednesday that she had misled her guests about the purpose of the family meal. While they ate, Patterson revealed she might be receiving treatment for cancer in the coming weeks. But this was a lie, Patterson said. 'Shouldn't have lied' 'I was planning to have gastric bypass surgery, so I remember thinking I didn't want to tell anybody what I was going to have done. 'I was really embarrassed about it. 'So letting them believe I had some serious issue that needed treatment might mean they could help me with the logistics around the kids,' she told the court. 'I shouldn't have lied to them,' she added. The prosecution alleges Patterson deliberately poisoned her lunch guests and took care that she did not consume the deadly mushrooms herself. Her defence says Patterson ate the same meal as the others but did not fall as sick. Patterson asked her estranged husband Simon to the family lunch at her secluded rural Victoria home in July 2023. Simon turned down the invitation because he felt too uncomfortable, the court has heard previously. The pair were long estranged but still legally married. Simon's parents Don and Gail were happy to attend, dying days after eating the home-cooked meal. Simon's aunt Heather Wilkinson also died, while her husband Ian fell seriously ill but later recovered. The trial is expected to last another week. — AFP
