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Key PointsLawyers for Ben Roberts-Smith have filed documents to appeal the defamation judgment handed down last month.The Federal Court judge had ruled that the newspapers had proven their case to the civil standard.The war veteran has agreed to pay for the legal costs of the news outlets if his appeals are unsuccessful.
Court findings that Ben Roberts-Smith committed war crimes while in Afghanistan could be under threat in a legal appeal by the Victoria Cross recipient.
In June, Mr Roberts-Smith suffered a massive defeat after the Federal Court dismissed his defamation cases over reports he was involved in a number of unlawful actions as an SAS corporal, including the murder of four unarmed prisoners.
On Tuesday, he filed his appeals of these findings seeking to revive claims that Nine-owned publishers The Age and The Sydney Morning Herald plus The Canberra Times defamed him in their reports.
Nine defends reporting, pledges to oppose appeal
The articles, published in 2018, included claims Roberts-Smith kicked a handcuffed man off a cliff and ordered his execution, and machine-gunned another prisoner, taking his prosthetic leg home as a souvenir drinking vessel.
The three media firms hailed the dismissal of the cases as a significant win with Nine saying it would resist any appeal.
“We believe the Federal Court’s judgment is comprehensive and categorical. The appeal will be opposed. We will always stand up for journalism that is in the public interest,” said Nine’s managing director of publishing, James Chessell.
Roberts-Smith may have to apply for leave to file his appeals. However, at this early stage it is not yet known whether the full Federal Court will hear this bid or will simply grant this leave and get things ready for a fully- fledged appeal hearing.
Ben Roberts-Smith to pay news outlets’ legal costs if appeal unsuccessful
The war veteran has agreed to pay for the legal costs of the news outlets if his appeals are unsuccessful.
The publishers are also seeking additional indemnity costs from the former soldier as well as from the Seven Network and Kerry Stokes’ private firm
Australian Capital Equity which financially supported the lawsuits.
In November 2020, a report into alleged war crimes by special forces in Afghanistan was released finding credible evidence 39 civilians and prisoners were unlawfully killed by Australian troops while two others were subject to cruelty from 2007 to 2013.
Two years later, more than 40 alleged offences were under investigation.
Roberts-Smith has not been charged and maintains his innocence.
Members of the Australian Defence Force can access the Defence All-hours Support Line on 1800 628 036. Open Arms provides free and confidential counselling and support for current and former serving ADF members and their families on 1800 011 046.
Readers seeking support can contact Lifeline crisis support on 13 11 14, Suicide Call Back Service on 1300 659 467 and Soldier On Australia on 1300 620 380.
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