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The ruling marks a win for media outlets seeking greater accountability for Australia's military, typically bound by confidentiality. A 2020 report found credible evidence that members of Australia's Special Air Service Regiment (SAS) killed dozens of unarmed prisoners in the lengthy Afghan war. Roberts-Smith sued the papers for portraying him as someone who "broke the moral and legal rules of military engagement". The papers had reported that Roberts-Smith pressured a lower-ranking Australian soldier to execute an elderly, unarmed Afghan to "blood the rookie", said Judge Besanko, adding they proved that account true. "This case is an important reminder that we need courageous public interest journalism to help us get there."
Persons: Ben Roberts, Smith, Anthony Besanko, Roberts, Judge Besanko, James Chessell, Chessell, Arthur Moses, Besanko, inadvertentely, Fiona Nelson, Byron Kaye, Shri Navaratnam, Michael Perry Organizations: SYDNEY, SAS, Australia's Special Air Service Regiment, China, Victoria Cross, Australian, Sydney Morning Herald, Canberra Times, Nine Entertainment Co, Australian Centre for International, Thomson Locations: Sydney, Afghanistan, Afghan, Australian, Australia
The accusations are at the heart of Australia's costliest and second longest-running defamation lawsuit for which a judgement is scheduled on Thursday. Legal experts say that while the civil hearing focused on reputational damage brought by a series of 2018 articles, it effectively played out as the country's first war crimes trial. No soldiers were named in the redacted report but about two dozen current and former Australian soldiers were referred for potential criminal prosecution. Roberts-Smith, one of just 101 soldiers to receive the Victoria Cross, sued the newspapers in 2020, saying they falsely accused him of being complicit in war crimes. He seeks compensatory damages, aggravated damages and damages for future economic loss, although his lawyers did not give a total amount sought.
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