Australian court finds soldier guilty of war crimes
Justice Anthony Besanko finds Ben Roberts-Smith guilty of war crimes after he had sued media outlets for defamation for revealing some of the crimes he had committed in Afghanistan.
An Australian federal court judge in Sydney has ruled that Ben Roberts-Smith VC, the country's most decorated living soldier, committed war crimes, including the murder of unarmed civilians in Afghanistan.
Justice Anthony Besanko found Roberts-Smith guilty of kicking a handcuffed prisoner off a cliff in 2012 and ordering a subordinate soldier to shoot the injured man.
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Additionally, Roberts-Smith was found responsible for the killing of an elderly man found hiding in a tunnel and the murder of a disabled man with a prosthetic leg, both during the same mission in 2009 when Australian forces attacked a compound codenamed "Whiskey 108".
The judgment, reached after a year-long defamation trial, does not constitute a criminal finding but is based on the civil standard of "balance of probabilities," according to Australian law. The federal court has published a summary of the judgment, with the full reasons set to be released once national security concerns have been addressed by the Commonwealth.
The newspapers sued by Roberts-Smith have requested time to assess the trial costs. The ruling is expected to result in Roberts-Smith being liable to pay millions of dollars in costs to the newspapers, with the total trial expenses estimated to be over $35 million (£18.3 million).
Roberts-Smith, who had borrowed $2 million from his employer, Channel Seven owner Kerry Stokes, for the defamation case, is now at risk of losing his Victoria Cross medal, which he had used as collateral.
The former Special Air Service Regiment (SASR) soldier is currently in Bali, Indonesia where he is enjoying the weather and could be seen sunbathing at a resort, according to screenshots published by media outlets, and was not under obligation to attend the hearing.
The judge said Roberts-Smith is a "criminal" who "broke the moral and legal rules of military engagement."
The true face of Western Intervention
The judgment has shown the reality of Australia's invasion of Afghanistan, in which the government claimed to bring peace and prosperity to the country. It would be difficult to take Robert-Smith's case in isolation, as several leaks and publications have brought to light the heinous crimes committed by Western invading armies.
In 2018, The Age, The Sydney Morning Herald, and The Canberra Times published a series of articles accusing the SASR soldier of committing war crimes, including the killing of civilians and issuing orders to subordinate soldiers to kill civilians in "blooding" incidents.
Responding to these allegations, Roberts-Smith filed a lawsuit against the newspapers, arguing that their stories depicted him as a criminal who violated the moral and legal principles of military engagement, bringing disgrace to his country and its army.
Australian journalists reveal the truth
The newspapers defended their reporting, asserting that it was based on factual information.
During the trial, which spanned over a year and involved more than 100 days of evidence, shocking testimonies emerged regarding the killings carried out by Australian soldiers. The trial also shed light on a deeply divided and factionalized SASR, commonly known as SAS, marked by internal conflicts over decorations and medals. Some evidence indicated that the regiment was influenced by a "warrior culture" saturated with violence.
Significantly, when questioned in court, three SASR soldiers accused of separate murders refused to provide answers, citing the potential self-incrimination resulting from truthful responses. Justice Besanko permitted each of them not to answer the questions.
The trials featured heavily Nick McKenzie and Chris Masters who were central to the process.
"Today is a day of justice," McKenzie underscored. "None of the SAS witnesses wanted to go to court. Ben Roberts-Smith brought this case, he came almost every day. But he did not come today. He’s in Bali, doing whatever he’s doing."
On his part, Masters expressed his gratitude to the publications and their legal team. "It was a great call back in June 2018 to run this story. I think it will go down in the history of the news business as one of the great calls," Masters added.
Read more: British commandos committed war crimes in Afghanistan: BBC