Australia’s most decorated living soldier, Ben Roberts-Smith, has officially lost his appeal against a 2023 defamation ruling that found he committed war crimes in Afghanistan.
The Federal Court today upheld the original judgment that media reports published by Nine Newspapers alleging Roberts-Smith was involved in the murder of four unarmed civilians were substantially true.
A panel of three justices dismissed both his appeal and a last-minute attempt to reopen the case over a secret recording, which Roberts-Smith argued showed a miscarriage of justice. The court found no wrongdoing in how the original trial was conducted.
This ruling could now clear the way for a criminal investigation by the Australian Federal Police.
Roberts-Smith, a Victoria Cross recipient, had not been criminally charged and continued to deny all allegations.
He now faced the prospect of paying tens of millions in legal costs, with the total bill likely to exceed $25 million (NZ$27m).
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