Melbourne, Sep 4 (AP) Australia's highest court concluded on Thursday that war hero Ben Roberts-Smith would not be able to overturn findings against him concerning the unlawful killings of four unarmed Afghans under the control of Australian soldiers over a decade ago. The High Court has declined to hear his appeal against a federal judge's 2023 civil court conclusion. This conclusion asserted that Roberts-Smith likely engaged in the illegal killing of non-combatants in 2009 and 2012. Previously, three federal court judges unanimously dismissed his appeal in May.
This decision by the High Court ends all legal options for Australia's most decorated surviving war veteran concerning a defamation case he initiated in 2018. This lawsuit came after newspapers alleged a variety of war crimes against him. Roberts-Smith, a recipient of both the Victoria Cross and the Medal of Gallantry for his service in Afghanistan, has not faced criminal charges. Such criminal charges would necessitate proof to a higher standard, beyond a reasonable doubt.
Oliver Schultz, another former member of the Special Air Service Regiment, is the only Australian Afghanistan campaign veteran to be charged with a war crime. In 2023, Schultz was charged with the alleged murder of an unarmed civilian in 2012. He has pleaded not guilty, and his trial is pending. The sole Australian veteran convicted over war crime allegations in Afghanistan is army whistleblower David McBride.
McBride, a former army lawyer, was sentenced last year to five years and eight months in prison. He had pleaded guilty to charges tied to leaking war crime allegations to the media. These classified documents from McBride led to the Australian Broadcasting Corporation's "Afghan Files" series in 2017. These reports detailed allegations against Australian soldiers, including the illegal killing of men and children.
A military report issued in 2020 suggested that 19 current and former soldiers should undergo criminal investigations concerning 39 unlawful killings in Afghanistan.
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