What's happened
On May 16, 2025, Australia's Federal Court dismissed Ben Roberts-Smith's appeal against a 2023 ruling that he was not defamed by articles alleging war crimes. The court found the accusations substantially true, and Roberts-Smith plans to appeal to the High Court to clear his name.
What's behind the headline?
Implications of the Ruling
- The unanimous decision by the Federal Court underscores the serious nature of the allegations against Roberts-Smith, suggesting a significant burden of proof was met in the original trial.
- The ruling may set a precedent for how allegations of military misconduct are treated in Australia, particularly regarding the media's role in investigative journalism.
- Roberts-Smith's intention to appeal to the High Court indicates that this legal battle is far from over, potentially prolonging public scrutiny of his actions and the military's conduct in Afghanistan.
- The financial implications for Roberts-Smith, estimated at 25 million AUD in legal fees, could impact his future endeavors and public image.
- This case highlights the tension between military honor and accountability, raising questions about the treatment of veterans accused of serious crimes.
What the papers say
According to Al Jazeera, the Federal Court's decision was delivered by Justice Nye Perram, who noted that the reasons for withholding certain details were due to national security concerns. The Independent reported that Roberts-Smith's legal team has a final option to appeal to the High Court, emphasizing the ongoing nature of this case. AP News highlighted that Roberts-Smith has never faced criminal charges, which require a higher standard of proof, indicating a complex legal landscape surrounding military conduct in Australia. The coverage from multiple sources illustrates a consensus on the gravity of the allegations while also noting the financial and reputational stakes for Roberts-Smith.
How we got here
Ben Roberts-Smith, a former SAS corporal and Victoria Cross recipient, has faced allegations of war crimes stemming from his service in Afghanistan. A 2023 ruling found that claims against him were substantially true, leading to his recent appeal dismissal.
Go deeper
- What are the implications of this ruling?
- How has the public reacted to the allegations?
- What are the next steps for Roberts-Smith?
Common question
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What are the latest legal battles and controversies in sports?
Legal issues and controversies can significantly impact athletes' careers and public perception. From arrests to court rulings, these events shape the narrative around sports figures. Here, we explore some recent high-profile cases that have caught the public's attention.
More on these topics
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Benjamin Roberts-Smith, VC, MG is an Australian businessperson, former Australian Army soldier and a recipient of the Victoria Cross for Australia, the highest award in the Australian honours system.
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Kerry Matthew Stokes AC is an Australian businessman. He holds business interests in a diverse range of industries including electronic and print media, property, mining, and construction equipment.
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Australia, officially known as the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands.
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The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia’s Constitution.