Latest news with #Roberts-Smith
Perth Now
20-06-2025
- Politics
- Perth Now
Roberts-Smith's last throw of the dice
Ben Roberts-Smith has turned to Australia's highest court in a last-ditch effort to sue Nine Newspapers over war crime allegations. Roberts-Smith claims the Federal Court bolstered its murder conclusions on the assumption that because he didn't challenge evidence, he accepted it as fact. Roberts-Smith filed an application for special leave with the High Court of Australia on Wednesday, just a month after he failed to overturn his loss to Nine Newspapers over war crimes allegations made in a series of stories. Federal Court Justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times in a landmark judgment. Justice Besanko found that Roberts-Smith was involved in the murder of four unarmed men during his deployment in Afghanistan. The findings were made on the balance of probabilities, which is less than the criminal standard of beyond reasonable doubt. His appeal to the Full Court of the Federal Court was dismissed by Justices Nye Perram, Anna Katzmann and Geoffrey Kennett in May The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. Ben Roberts-Smith was found, on the balance of probabilities, to be involved in the murder of four unarmed men during his deployment in Afghanistan. NewsWire / Max Mason-Hubers Credit: News Corp Australia Roberts-Smith's latest bid to overturn his defamation loss hinges on two grounds, including claims the Federal Court made an error by assuming he accepted facts because he didn't contest evidence. 'The Full Court erred by treating the appellant as affirmatively accepting facts that were not recontested, and using that assumed acceptance to bolster its murder conclusions, thus misconceiving the effect of unchallenged findings on appeal,' the special leave application stated. The other ground argued the Federal Court preferred 'delayed, contradictory and memory-impaired' eyewitness accounts over Australian Defence Force (ADF) operational records. This was in relation to Roberts-Smith's involvement in the murder of two prisoners at a compound called Whiskey 108 in 2009, the murder of a handcuffed shepherd Ali Jan at Darwan in 2012, and Roberts-Smith directing members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons during an operation at Chinartu. The application argues the findings of war crimes couldn't be reached to the requisite standard under the Evidence Act as they relied on 'inconsistent and memory-impaired recollections' from more than a decade after the events and despite 'exculpatory' ADF operational records. Roberts-Smith was Australia's most decorated soldier. NewsWire / Max Mason-Hubers Credit: News Corp Australia He has applied for special leave to appeal in the High Court. NewsWire / Max Mason-Hubers Credit: News Corp Australia ADF records document 'lawful engagements and no executions' and would-be engagements 'consistent with the laws of armed conflict', Roberts-Smith claims. Further, the application claims the records were discounted on 'speculative or flawed grounds', including by treating them as 'no more than repetitions of the applicant's account' or rejecting them on 'asserted inconsistencies that arose only at trial and were not evident at the time of reporting' in the cases of Darwan and Chinartu. Finally, it argued that the findings were reached without the 'criminal-trial safeguards of a jury, prosecutorial disclosure and proof beyond reasonable doubt', and the Evidence Act had been misapplied in regard to the satisfaction of 'facts tantamount to criminal guilt'. Roberts-Smith continues to deny the allegations, last month releasing a statement that said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.'
The Advertiser
18-06-2025
- Politics
- The Advertiser
Veteran takes last shot to overturn war crime findings
One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046
Perth Now
18-06-2025
- Politics
- Perth Now
Veteran takes last shot to overturn war crime findings
One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046
The Age
16-06-2025
- The Age
Ben Roberts-Smith's last-ditch bid to overturn war crimes decision
Australia's most decorated living soldier has launched a last-ditch bid to overturn damning findings that he committed war crimes while on deployment in Afghanistan. Former Special Air Service corporal Ben Roberts-Smith filed an application on Monday for special leave to appeal in the High Court after losing a court challenge to a Federal Court defamation decision that concluded he was complicit in the murder of four Afghan prisoners. Roberts-Smith has been locked in the defamation fight with The Age and The Sydney Morning Herald for eight years. In 2023, then-Federal Court justice Anthony Besanko dismissed his defamation case against the mastheads after he found to the civil standard – on the balance of probabilities – that Roberts-Smith was involved in the four murders between 2009 and 2012. The Full Court of the Federal Court upheld Besanko's decision on May 16. Federal Court Justices Nye Perram, Anna Katzmann and Geoffrey Kennett found the evidence was sufficiently cogent to support Besanko's findings that Roberts-Smith murdered four Afghan men, contrary to the rules of engagement that bound the SAS. 'The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder.' Full Court of the Federal Court At the centre of the case was an allegation that Roberts-Smith machine-gunned a man with a prosthetic leg outside a compound dubbed Whiskey 108 during a mission on Easter Sunday, 2009. 'The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder,' the court said.
Sydney Morning Herald
16-06-2025
- Sydney Morning Herald
Ben Roberts-Smith's last-ditch bid to overturn war crimes decision
Australia's most decorated living soldier has launched a last-ditch bid to overturn damning findings that he committed war crimes while on deployment in Afghanistan. Former Special Air Service corporal Ben Roberts-Smith filed an application on Monday for special leave to appeal in the High Court after losing a court challenge to a Federal Court defamation decision that concluded he was complicit in the murder of four Afghan prisoners. Roberts-Smith has been locked in the defamation fight with The Age and The Sydney Morning Herald for eight years. In 2023, then-Federal Court justice Anthony Besanko dismissed his defamation case against the mastheads after he found to the civil standard – on the balance of probabilities – that Roberts-Smith was involved in the four murders between 2009 and 2012. The Full Court of the Federal Court upheld Besanko's decision on May 16. Federal Court Justices Nye Perram, Anna Katzmann and Geoffrey Kennett found the evidence was sufficiently cogent to support Besanko's findings that Roberts-Smith murdered four Afghan men, contrary to the rules of engagement that bound the SAS. 'The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder.' Full Court of the Federal Court At the centre of the case was an allegation that Roberts-Smith machine-gunned a man with a prosthetic leg outside a compound dubbed Whiskey 108 during a mission on Easter Sunday, 2009. 'The problem for [Roberts-Smith] is that, unlike most homicides, there were three eyewitnesses to this murder,' the court said.
