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2w ago

Ben Roberts-Smith Awaits Federal Court Rulings on Defamation Appeal and Reopening Bid

The Full Court is set to deliver judgments on the decorated veteran's appeal and his claim of a miscarriage of justice tied to new recording evidence.

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Former member of Australia's elite Special Air Service regiment Ben Roberts-Smith leaves the Federal Court in Sydney on May 1, 2025. Ben Roberts-Smith was back in court on May 1 to push to reopen his appeal against the judgment in the defamation case that implicated him in a string of war crimes in Afghanistan.

Overview

  • The Federal Court will decide on May 16, 2025, whether to uphold or overturn Justice Besanko's 2023 ruling that war crime allegations against Ben Roberts-Smith are substantially true.
  • Roberts-Smith is also seeking to reopen his appeal, citing a secret recording in which journalist Nick McKenzie allegedly referenced access to privileged legal strategy information.
  • The 2023 judgment found Roberts-Smith responsible for the unlawful killings of four unarmed Afghan detainees during his SAS deployment, based on the civil standard of proof.
  • If the appeal is dismissed, it could pave the way for criminal investigations by the Australian Federal Police and the Office of the Special Investigator.
  • The legal saga, spanning seven years and costing over $25 million, has significant implications for press freedom, military reputation, and potential criminal accountability.