High-profile Australian soldier loses ‘war crimes’ defamation case

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High-profile Australian soldier loses ‘war crimes’ defamation case
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The case spanned more than 100 days of often startling testimony, cost more than $15 million and raised fresh allegations of atrocities committed by Australian special forces in Afghanistan.

SYDNEY — Australia’s most decorated living soldier lost a high-profile defamation complaint against three of the country’s top newspapers Thursday, capping a case that spanned more than 100 days of often startling testimony, cost more than $15 million and raised fresh allegations of atrocities committed by Australian special forces in Afghanistan.The judgment was a victory for the Sydney Morning Herald, the Age and the Canberra Times — and, said experts, for Australian journalism.

In a nation that prides itself on its outsize service in overseas wars, the case quickly assumed its own outsize symbolism. It pitted a towering war hero, who claimed he was the victim of jealous colleagues, against some of the nation’s top investigative journalists, who argued in court that their reporting was accurate.

The 6-foot-8-inch soldier shot to fame when he was awarded the Victoria Cross for Australia — the country’s highest military honor — in 2011 for almost single-handedly saving fellow troops after they had been pinned down by Taliban machine gun fire during a 2010 operation.in the Australian War Memorial and the Father of the Year title in 2013.

Among the accusations were that Roberts-Smith kicked a handcuffed Afghan man off a cliff and then ordered him shot; shot a teenage prisoner point-blank in the head; and gunned down a disabled man, whose prosthetic leg was later used by SAS soldiers to drink beer. That meant that Roberts-Smith sat through months of civil testimony that often felt like a criminal trial.

“This trial, which has lasted over 100 days, has been called a great many things: the trial of the century, a proxy war crimes trial, and an attack on the freedom of the press,” Arthur Moses said. “It is none of these. It is a case which has been brought because the respondents chose to defame Mr. Roberts-Smith.”

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