Ben Roberts-Smith appeals defamation findings after losing SMH, The Age case

Court findings that Ben Roberts-Smith committed war crimes while fighting against the Taliban in Afghanistan will be challenged in a legal appeal by the Victoria Cross recipient.

Mr Roberts-Smith, who suffered a massive defeat after the Federal Court dismissed his defamation action over media reports he was involved in unlawful actions as an SAS corporal, including the murder of four unarmed prisoners, has launched an appeal.

On Tuesday, he filed appeals against the findings by Justice Robert Besanko after a mammoth trial supporting claims that Nine Media newspapers The Age and The Sydney Morning Herald plus the Canberra Times.

Mr Roberts-Smith had claimed he was defamed him in 2018 reports by the three publications that he 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.

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

The three media companies have since hailed the dismissal of the cases as a significant win. They are seeking their legal 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.

Mr Roberts-Smith has not been charged and maintains his innocence.