Sad but simple explanations in veteran's lost appeal
The Federal Court on Tuesday published its reasons for dismissing Roberts-Smith's appeal against the finding he was responsible for the murder of four unarmed civilians in Afghanistan.
The incidents, first reported by journalists Nick McKenzie and Chris Masters in Nine newspapers in 2018, sparked a years-long defamation fight.
Justice Anthony Besanko in 2023 found the claims were substantially true.
The court dismissed the Victoria Cross recipient's appeal against that finding on Friday, adding to a legal bill expected to run into the tens of millions of dollars.
Roberts-Smith argued the judge erred in finding he killed a man with a prosthetic leg and ordered the execution of another, elderly man at a compound called Whiskey 108 in order to "blood the rookie".
The judge failed to give weight to official records suggesting the pair were insurgents legitimately killed while fleeing the compound, or adequately deal with the improbability of a widespread conspiracy to conceal the truth when those records were made, the appeal argued.
Rather than a widespread conspiracy, the court ruled there were other, simpler explanations.
"It can be explained by the more pedestrian, if disappointing, path of widespread individual failure.
"All the soldiers that knew or suspected looked the other way," Justices Nye Perram, Anna Katzmann and Geoffrey Kennett said in the published findings.
Soldiers told the court they feared reprisal.
"I was afraid what would possibly happen to me if I was seen to be the bloke who was speaking out about incidents and not playing the team game," one said.
"The primary judge's conclusion that the soldiers had reasons not to speak out was, as His Honour correctly observed, part of the sad facts of the case," the appeal judges said.
Roberts-Smith bringing the prosthetic leg back to Australia and encouraging other soldiers to drink beer out of it was also found to be substantially true by the primary judge and was among the findings for which appeals were dismissed.
The appeal court found no errors in Justice Besanko's finding that Roberts-Smith had murdered a man named Ali Jan by kicking him off a cliff and ordering another soldier to shoot him.
The September 11, 2012, incident in the Afghanistan village of Darwan was among other reported claims found to be substantially true that conveyed to readers that Roberts-Smith was a war criminal who had disgraced his country and its army.
Similarly, no errors were found in a finding Roberts-Smith ordered another soldier, through an interpreter, to shoot a detained man in nearby Chinartu about a month later.
An argument Justice Besanko failed to apply legal principles for determining truth was also rejected.
The court ruled he had carefully and repeatedly adhered to them, discussing them at length in his reasoning.
The trial judge was "acutely conscious of the seriousness of the findings", resisting some when nonetheless compelling evidence was insufficient, the appeal court said.
He had also rejected evidence from Roberts-Smith and others as false.
Two errors in the primary judge's reasoning were detected but ruled immaterial on the appeal.
The trial ran for 110 days, stretched out over more than a year.
More than a thousand documents were tendered and 44 witnesses were called.
The appeal itself took 10 days, with numerous pre-trial and post-trial hearings, taking the case's total estimated bill north of $30 million.
Roberts-Smith plans to appeal to the High Court.
"I continue to maintain my innocence and deny these egregious, spiteful allegations," he wrote in a statement on Friday.
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Gruesome sight in Aussie park highlights ‘devastation' caused by invasive killer
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How a CIA hit on al Qaeda ensnared a US citizen in Afghanistan
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The ministry appeared to confirm Habibi was a GDI prisoner in a reply two days later, seen by Reuters, saying that the intelligence directorate would decide on the petition when its investigation was completed. However, in a July 3, 2025 statement reported by Afghanistan's state news agency, Taliban spokesman Zabihullah Mujahid said that in response to requests from Habibi's family, the Taliban had investigated but no evidence has been found to suggest that he was detained by Afghanistan's security forces. Mujahid said the Taliban are a legitimate governing body that does not detain individuals without due process or hide them from public view. Mujahid did not respond to a Reuters request for comment. US CITIZEN Born to parents from the southern city of Kandahar, Habibi is one of eight siblings – three brothers and five sisters – who grew up in the Kabul neighborhood of Karte Parwan. His excellent English helped him secure a job with the U.N. civil aviation agency in Kabul in 2008. 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Habibi flew from Dubai to Kabul on August 4, 2022, after stopping in Qatar to check on his family and parents who were housed on a U.S. military base there waiting for final processing of U.S. immigration visas, said Ahmad. A week later Habibi was arrested. His wife, daughter and parents, who waited in Qatar until October for their visas before flying to the United States and settling in California, have not seen or heard from him since. Resolving Habibi's case would be the easiest way for the Taliban, who crave international recognition as Afghanistan's legitimate rulers, to explore improving ties with the U.S., the current U.S. official said. Since Habibi's detention, four other Americans have been arrested and released by the Taliban.
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How a CIA hit on al Qaeda ensnared a US citizen in Afghanistan
By Jonathan Landay WASHINGTON (Reuters) -As a crowd looked on, uniformed Taliban surrounded the Toyota Landcruiser in which Mahmood Habibi, a naturalized U.S. citizen, sat. Other Taliban smashed open the door of his Kabul apartment, emerging later with his laptop and papers. Blindfolded in the back seat, Habibi and his driver were driven off by gunmen sporting shoulder patches of the Taliban's feared secret police, the General Directorate of Intelligence (GDI), according to several witness statements in U.S. government possession seen by Reuters. Afghanistan's Taliban government denies it detained Habibi, 37, who was a former head of Afghanistan's civil aviation. While dividing his time between the United States and Kabul working for a private company, he became a U.S. citizen after the Taliban took power in 2021. The Taliban also says they have no knowledge of his whereabouts, three years after he disappeared. That is contradicted by the witness accounts and other evidence, including data monitored from Habibi's cellphone, described to Reuters by a U.S. official and a former U.S. official familiar with the matter. The Taliban denials present a conundrum for the FBI, which is leading the U.S. government effort to gain his release; and for the State Department, which describes Habibi's detention a major impediment to exploring increased engagement with Afghanistan, three years after his August 10, 2022 arrest. U.S. President Donald Trump has made freeing Americans held abroad a top priority and already has secured the release of dozens, including from Afghanistan, Russia and Venezuela. The case of Habibi - the only publicly identified American held in the country - has been harder to resolve. This story is the most comprehensive account to date of the circumstances of Habibi's capture and includes previously unreported details. Among them, interviews with the U.S. official and a former U.S. official with knowledge of the case reveal that the Taliban likely detained Habibi because the CIA had penetrated the company where he worked. The sources say the U.S. spy agency had accessed one of the company's security cameras, helping it pinpoint the al Qaeda leader Ayman al-Zawahiri in a Kabul guesthouse. Habibi's detention came 10 days after Zawahiri - the last of the top plotters of the September 11, 2001, attack on the United States - was dramatically assassinated by a U.S. drone strike on the guesthouse, ordered by Trump's predecessor, Joe Biden. At the time, U.S. officials briefed journalists that it was a CIA operation. The U.S. sources told Reuters that Habibi was unaware of the CIA plot and was wrongly detained after returning to Kabul from a work trip to Dubai after the assassination, oblivious of the danger he was in. The CIA, the Taliban, the White House and Habibi's employer, Virginia-based ARX Communications, did not respond to detailed requests for comment for this story. ARX has previously said neither it, nor its subsidiaries, were involved with the strike on Zawahiri. Reuters could not independently verify whether Habibi was or wasn't aware of the plot. In a statement to Reuters, a State Department spokesperson called for Habibi's immediate release. "We know the Taliban abducted Mahmood Habibi nearly three years ago," the spokesperson said. A co-worker detained with Habibi, then later released, saw him in GDI headquarters and heard him in an adjacent room being asked if he worked for the CIA or was involved in the strike on Zawahiri, according to one of the statements in U.S government possession, seen by Reuters. Then, in June and August of 2023, the U.S. government detected that his mobile phone had been switched on in GDI headquarters, the U.S. official and former official said. Reuters could not reach the witnesses who made statements, including the coworker, or verify the accuracy of their account of Habibi's detention. The U.S. official familiar with the matter said excerpts of the statements have been presented to the Taliban in response to their repeated denials of Habibi's detention. As Habibi and his family on Sunday mark the third anniversary of his arrest, the Trump administration has stepped up efforts to win his release, including offering a $5 million reward for information. But so far, he appears no closer to freedom, the U.S. sources said. "Our family has new hope that the Trump team will be successful," said Habibi's older brother, Ahmad. Ahmad said his brother would never have gone to Kabul four days after the Zawahiri assassination if the CIA had told ARX to warn him it was too dangerous to return. 'Nobody told him anything. Neither the company, neither the CIA nor anybody. So, he just went back,' Ahmad said. The U.S. government officially considers Habibi a hostage, said the U.S. official, because his arrest and location remain unconfirmed by the Taliban. The official and the former official spoke on condition of anonymity, citing the sensitivity of the case. In response to a request for comment, the FBI said that along with partners in other U.S. departments involved in hostage recovery, it remains "committed to bringing Habibi home to his family." The Taliban rejected an offer made last year to trade Habibi for alleged Osama bin Laden aide Mohammad Rahim al-Afghani, the last Afghan held in the Guantanamo Bay military prison. 'We've tried in terms of both carrots and sticks,' said the official, who requested anonymity to discuss the case. The Taliban "literally throw up a wall," said the official. CAMERA ON CELL TOWER As part of the operation against Zawahiri, the CIA penetrated the Asia Consultancy Group (ACG), a subsidiary of ARX, according to the current and former U.S. officials, who provided previously unreported details of how the spy agency was able to target the al Qaeda chief. Reuters presented these details to the CIA, ACG and ARX, requesting comment, but received no response. ACG, whose parent is headquartered in Herndon, Virginia, had a contract to erect cellphone towers around Kabul, the sources said. CCTV cameras were fitted to the towers to protect the structures, they said. One of the cameras, the sources said, was pointed at a house U.S. officials have linked to Sirajuddin Haqqani, the Taliban's acting interior minister both at the time and now, in the heart of Kabul's diplomatic quarter, a short distance from the shuttered British and American embassies. The sources said the camera sent back video to the CIA confirming Zawahiri's presence in the residence. That confirmation helped the agency kill the Egyptian Islamist with two drone-fired Hellfire R9X missiles on July 31, 2022, as he emerged onto a balcony, they said. His wife and family survived the strike. While officials in the Biden administration at the time described the CIA's drone operation to kill Zawahiri with Hellfires, the details of the agency's operation on the ground, including the presence of the camera and its role in identifying Zawahiri have not been previously disclosed. ARREST On the day of his arrest, Mahmood Habibi was in his apartment in Kabul's Sherpur neighborhood packing to return to New Jersey, where he had a home, with the help of a sister, who was there with her two children, according to Ahmad. It was about noon when a phone call came from the ACG office saying it had just been raided by the Taliban, Ahmad said. Habibi told his sister that he had to leave without explaining why. He was arrested immediately after getting into his vehicle, Ahmad said. A few minutes later, somebody announcing that they were with GDI knocked on his apartment door, according to Ahmad and a witness statement. His sister declined to open it, telling those outside that she had to conform to the Taliban rule that an adult male relative had to be present. The Taliban broke open the door, entered the apartment and rifled through closets and drawers, demanding Habibi's laptop, according to Ahmad and the witness statement. A crowd had gathered outside after the Taliban arrived in five vehicles, blocked the street and surrounded Habibi's car, before driving him off, according to Ahmad and a separate witness statement. The GDI arrested 30 other ACG employees, according to a letter that ACG sent to Afghanistan's Ministry of Communications, seen by Reuters. Except for Habibi and one other, all were eventually released. In the letter, dated September 15, 2022, ACG asked that family members be allowed to visit him and three other staff who the GDI still held. The ministry appeared to confirm Habibi was a GDI prisoner in a reply two days later, seen by Reuters, saying that the intelligence directorate would decide on the petition when its investigation was completed. However, in a July 3, 2025 statement reported by Afghanistan's state news agency, Taliban spokesman Zabihullah Mujahid said that in response to requests from Habibi's family, the Taliban had investigated but no evidence has been found to suggest that he was detained by Afghanistan's security forces. Mujahid said the Taliban are a legitimate governing body that does not detain individuals without due process or hide them from public view. Mujahid did not respond to a Reuters request for comment. US CITIZEN Born to parents from the southern city of Kandahar, Habibi is one of eight siblings – three brothers and five sisters – who grew up in the Kabul neighborhood of Karte Parwan. His excellent English helped him secure a job with the U.N. civil aviation agency in Kabul in 2008. He worked for the U.S. Federal Aviation Administration's U.S. embassy office from 2011 to 2013. Tapped as deputy civil aviation minister, Habibi helped transition Afghanistan's air traffic system from U.S. control to the U.S.-backed Kabul government. Habibi became civil aviation minister in 2017. He held that post until 2019 while earning a civil aviation master's degree from Embry Riddle Aeronautical University in Florida, the university confirmed. In 2019, he resigned and then joined ARX to help oversee its Afghan subsidiary's contract to run air traffic control at Kabul's international airport. Habibi lived between the city and the United States, accumulating the last of the 30 months of U.S. residency he needed over a five-year period for U.S. citizenship in 2021, Ahmad said. He was in Kabul with his family during the chaotic departure of the last U.S. troops in August 2021, Ahmad said, as the Taliban consolidated its grip on the capital after 20 years of war. Habibi flew from Dubai to Kabul on August 4, 2022, after stopping in Qatar to check on his family and parents who were housed on a U.S. military base there waiting for final processing of U.S. immigration visas, said Ahmad. A week later Habibi was arrested. His wife, daughter and parents, who waited in Qatar until October for their visas before flying to the United States and settling in California, have not seen or heard from him since. Resolving Habibi's case would be the easiest way for the Taliban, who crave international recognition as Afghanistan's legitimate rulers, to explore improving ties with the U.S., the current U.S. official said. Since Habibi's detention, four other Americans have been arrested and released by the Taliban.
