The finding that Ben Roberts-Smith, Australia’s most decorated soldier, was involved in brutal unlawful killings in Afghanistan and is a war criminal will reverberate around the world.
Roberts-Smith, acclaimed as a national hero after being awarded the Victoria Cross in 2011, had sued The Canberra Times, The Sydney Morning Herald and The Age for defamation following a series of articles in 2018.
These “imputed” – to use the legalese – the former SAS Corporal was involved in the brutal killings of six Afghan prisoners in a number of separate incidents. The most shocking allegations related to the death of an unarmed and handcuffed Afghan farmer Ali Jan in September 2012.
Justice Anthony Besanko ruled Nine had established the truth of its imputations Roberts-Smith “murdered an unarmed and defenceless Afghan civilian by kicking him off a cliff and procuring the soldiers under his command to shoot him”.
He also found Nine had established the truth of its imputation Roberts-Smith “broke the moral and legal rules of military engagement and is therefore a criminal”.
The one time exemplar of Australia’s best and bravest stands publicly branded as a murderer and a war criminal.
It is anticipated Roberts-Smith will appeal. Justice Besanko’s ruling has raised many questions that go far beyond the defamation action.
While the Defence Minister Richard Marles refused to comment, saying this was a “civil matter”, he can’t ignore this outcome.
Many will see this as a vindication of the Brereton inquiry and be asking if or when formal war crimes charges are going to be laid. There is also the question of what impact the finding would have on the right to a “fair trial”.
It’s quite apparent that the real heroes in this saga have been the soldiers who were courageous enough to testify against a former brother-in-arms in order to bring heinous crimes to light.
Mr Marles, and Defence, also need to urgently get to the bottom of how this could happen. How was it possible for at least four unlawful killings to have remained the SAS’s dirty secret for so long?
There is no room for secrecy.