Ben Roberts-Smith’s Legal Battle Ends as High Court Rejects Final Appeal in Defamation Case

Major Legal Battle Reaches Conclusion

Australia’s highest court has rejected former soldier Ben Roberts-Smith’s final attempt to appeal his 2023 Federal Court loss, where he had sued Nine Newspapers over reports claiming he was involved in the murder of four unarmed civilians in Afghanistan.

Background of the Case

The case began when Roberts-Smith, the most highly decorated serving member of the Australian Defence Force, initiated legal action against Nine Entertainment news outlets. The original 2018 reports by the Sydney Morning Herald, the Canberra Times and The Age had alleged that Roberts-Smith, while serving as a patrol commander with the Australian Special Air Service Regiment, was a war criminal who had murdered unarmed Afghan prisoners and civilians, and bullied fellow soldiers.

Trial Outcome and Appeals

The defamation trial, which began in 2021 and concluded in July 2022, resulted in a landmark ruling on June 1, 2023. Justice Anthony Besanko found that the media outlets’ allegations of war crimes – including murder – and bullying were “substantially true.”

Roberts-Smith disputed Justice Besanko’s findings, arguing there was insufficient evidence for such serious claims. After the Full Court of the Federal Court dismissed his appeal in May, he pursued a final challenge in the High Court. However, Australia’s highest court refused his special leave application to appeal and ordered him to pay costs.

Implications and Aftermath

The ruling has been celebrated by Nine Entertainment as an “emphatic win,” with executive Tory Maguire noting that it represents “a great day for investigative journalism” that reinforces its value to the Australian people.

Prior to the legal proceedings, Roberts-Smith had served as deputy general manager of Seven Queensland and later as general manager of Seven Brisbane. Following the defamation outcome in 2023, he resigned from Seven West Media.

Legal experts have noted that Roberts-Smith’s decision to pursue this case has proven to be a grave and irreversible mistake from a defamation perspective. The financial implications have been significant, with Roberts-Smith ordered to pay approximately ninety-five percent of Nine Entertainment’s costs from when proceedings began in 2018. Kerry Stokes’s private investment company, Australian Capital Equity, was also ordered to pay costs.