Ben Roberts-Smith loses final appeal, remains in prison

Ben Roberts-Smith's legal battles have ended with his final appeal being rejected. This follows a defamation ruling that found he committed war crimes in Afghanistan.
By Newsroom | Law, Australia |

Sydney, Australia – The protracted legal saga surrounding former SAS soldier Ben Roberts-Smith has taken another turn, with indications of continued political backing despite his incarceration and failed appeals. Roberts-Smith, currently detained at Silverwater prison, remains a figure who, for some, continues to be regarded as a military hero.

Recent events highlight a complex public narrative, where legal judgments clash with persistent sentiments of support from certain quarters, including political figures.

The former soldier's legal challenges have seen him lose his appeal against a defamation ruling that found he committed war crimes in Afghanistan. This appeal failed because, as the court noted, "unlike most homicides, there were three eyewitnesses." Judges determined that Roberts-Smith acted with "a certain recklessness or perhaps even brazenness" when killing an unarmed man.

Further attempts to overturn the Federal Court's decision were ultimately rejected by the High Court, effectively closing his final avenue to challenge the defamation loss that branded him a war criminal, murderer, and bully. The High Court's refusal to hear his case marked the end of a lengthy legal battle initiated after allegations concerning his conduct in Afghanistan came under scrutiny in October 2017.

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The court's nuanced analysis of evidence, including a secret recording between journalist Nick McKenzie and a source, has been a central feature of the proceedings. Roberts-Smith's legal team attempted to introduce this recording as grounds to amend their appeal, but the application was met with strong opposition, described by Nine Entertainment's lawyers as a "fishing expedition."

Political Alignments and Public Figures

Despite these legal setbacks, Roberts-Smith appears to still command a degree of support. Correspondence from his mother to Coalition MPs, asserting that Andrew Hastie is "not fit" to lead the Liberals, points to attempts to leverage political connections. Separately, Pauline Hanson has publicly stated she would not "abandon" Roberts-Smith, contrasting with Green party arguments that "no one should be above the law."

Prominent figures such as Gina Rinehart have also voiced criticism of what they term a "relentless attack" on Roberts-Smith, alongside media "gloating." This sentiment echoes a broader campaign, supported by entities like RM Williams, Qantas, and Bunnings, promoting a narrative of Australian self-reliance.

Institutional Scrutiny and Prizes

The Australian War Memorial's decision-making process has also come under fire. Kim Beazley, Chair of the Australian War Memorial Council, acknowledged the "gravity" of the defamation case's impact. However, journalist Chris Masters has openly criticized the Memorial for initially refusing to award his book, which detailed allegations against Roberts-Smith, its literary prize. The Memorial subsequently deferred the military history prize after the judging panel awarded it to the book on Roberts-Smith.

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The financial ramifications of these legal actions continue to mount. Kerry Stokes has been ordered to pay a substantial legal bill of $13.5 million stemming from Roberts-Smith’s unsuccessful defamation suit. Rinehart has also been mentioned in connection with potentially covering Roberts-Smith's latest legal expenses, suggesting a network of support that extends beyond immediate family.

The intense media focus and prolonged litigation surrounding Roberts-Smith's defamation case have raised concerns about the potential impact on jury impartiality for any future criminal proceedings.

Background

Ben Roberts-Smith, a former corporal in the Australian Army, served with the Special Air Service Regiment from 2003 to 2013. He was awarded the Victoria Cross for Australia and the Medal for Gallantry for his service, including during deployments in East Timor and Afghanistan. His post-military career included roles as Chairman of the National Australia Day Council and General Manager of Seven Queensland. Scrutiny into his conduct in Afghanistan began in 2017, leading to a series of legal actions and investigations.

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Frequently Asked Questions

Q: Why did Ben Roberts-Smith lose his final appeal?
Ben Roberts-Smith lost his final appeal because the High Court refused to hear his case. This means the Federal Court's defamation ruling, which found he committed war crimes, stands.
Q: What was the defamation ruling against Ben Roberts-Smith?
The defamation ruling found that Ben Roberts-Smith committed war crimes in Afghanistan, including the murder of an unarmed man. He was also found to be a war criminal, murderer, and bully.
Q: Will Ben Roberts-Smith stay in prison?
Yes, Ben Roberts-Smith is currently detained in Silverwater prison. His failed appeals mean he will remain in prison.
Q: Who is paying Ben Roberts-Smith's legal bills?
Kerry Stokes has been ordered to pay $13.5 million for Roberts-Smith's legal bills from the defamation suit. Gina Rinehart has also been mentioned as potentially covering his latest legal expenses.
Q: What happens next for Ben Roberts-Smith?
With his appeals exhausted, Ben Roberts-Smith's legal battles have concluded, and he remains in prison. The defamation findings against him are final.