The defamation appeal of Ben Roberts-Smith, a former Australian soldier, has resumed in the Federal Court in Sydney, with his legal team challenging earlier findings that he committed war crimes in Afghanistan. The appeal, which began on Tuesday, is expected to last several weeks.
Appeal Grounds
Roberts-Smith's lawyers argue that the trial judge erred in finding that the newspapers—The Age, The Sydney Morning Herald, and The Canberra Times—had proven allegations of murder and bullying. They contend that key witnesses were unreliable and that the court gave undue weight to hearsay evidence.
Lead barrister Bruce McClintock SC told the court that the original verdict was 'plainly wrong' and that the evidence did not support the findings. He emphasized that the burden of proof rested with the newspapers and that they failed to meet it.
Key Allegations Under Scrutiny
The appeal focuses on several incidents, including the alleged murder of an unarmed Afghan man named Ali Jan in 2012 and the bullying of a fellow soldier. Roberts-Smith maintains his innocence, stating that his actions were within the rules of engagement.
The newspapers' legal team, led by Nicholas Owens SC, argues that the evidence was comprehensive and that the trial judge's findings were sound. They point to testimony from multiple witnesses and supporting documents.
Witness Reliability
A central issue is the credibility of witnesses, some of whom were fellow soldiers. The appeal court will examine whether inconsistencies in their statements were properly considered. Roberts-Smith's team claims that some witnesses had motives to lie, including personal grudges or fear of prosecution.
The court also heard arguments about the admissibility of certain evidence, including text messages and photos. The appeal judges are expected to deliver their decision later this year.
The case has drawn significant public attention, highlighting the challenges of prosecuting war crimes allegations and the impact on veterans' mental health. Regardless of the outcome, the proceedings underscore the importance of accountability and due process.
