One of Australia’s most highly decorated soldiers, Ben Robert Smith, has recently lost a high-profile defamation lawsuit. The case involved accusations made by three newspapers, alleging his involvement in the unlawful killing of six Afghan civilians during his deployment to Afghanistan. Despite Smith’s claims that the reports painted him as a violator of military rules, the judge ruled in favor of the newspapers, stating that they had proven the truthfulness of most of their allegations. This blog article delves into the details of the case and its implications for Australia’s military reputation.
The Allegations and Judgment:
Former Corporal Ben Robert Smith, a member of the Australian Special Forces, was accused of various war crimes, as reported by the newspapers. The judge’s ruling stated that Smith, while serving in the Special Air Service Regiment (SASR), had allegedly kicked an unarmed and defenseless Afghan civilian off a cliff, resulting in his death. Furthermore, it was claimed that Smith ordered his subordinates to shoot the civilian. The judge also found Smith guilty of breaking both moral and legal rules of military engagement, thereby implying criminal behavior. Lastly, it was alleged that Smith’s conduct had brought disgrace upon Australia and the Australian Army during his tenure in the SASR in Afghanistan.
The Dismissal of the Defamation Case:
Judge Anthony Besanko dismissed the long-running and high-profile defamation case, asserting that the media outlets involved had successfully proven some of the most serious allegations of war crimes against Smith. The newspapers began publishing these articles in 2018, accusing Smith of being involved in the murders of six unarmed civilians or prisoners in Afghanistan between 2009 and 2012. Another shocking claim was made that Smith had used a machine gun to kill a captured fighter, taking the dead man’s artificial leg as a trophy. Despite Smith’s consistent denial of any wrongdoing, the judge found the evidence presented by the media outlets to be credible.
Implications and Possible Appeal:
It is important to note that this case was a civil matter and not a criminal one. Although the verdict has dealt a significant blow to Ben Robert Smith’s reputation, he may choose to appeal the decision. His lawyers have argued that the trial evidence against him was inconsistent and fanciful. The judge’s complete decision is expected to be published early next week, shedding further light on the reasoning behind the dismissal.
Conclusion:
The loss of the defamation lawsuit by Ben Robert Smith, one of Australia’s most decorated living soldiers, has thrust him into the spotlight for alleged war crimes committed during his deployment to Afghanistan. While the civil case does not result in criminal charges, it has damaged Smith’s reputation and raised concerns about Australia’s military conduct. As this high-profile verdict unfolds, the implications for both the individual and the nation’s armed forces will undoubtedly be significant.
