Ben Roberts-Smith has lost his appeal against a 2023 defamation ruling that found he committed war crimes in Afghanistan.
The Federal Court upheld the original judgment, which concluded that the 46-year-old murdered four unarmed Afghan civilians during his deployment.
The appeal was unanimously dismissed by Justices Nye Perram, Anna Katzmann and Geoffrey Kennett.
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The case stemmed from reports by Nine newspapers and journalists Nick McKenzie and Chris Masters, which alleged that Roberts-Smith violated the laws of armed conflict.
Justice Anthony Besanko’s 2023 ruling found that the allegations were substantially true, based on the balance of probabilities.
Roberts-Smith had sued for defamation, but the court determined that the publications had established the truth of their reporting.
The Federal Court’s decision effectively affirms the original findings, leaving the High Court as his only remaining avenue for appeal.
The ruling could also prompt further investigations by the Australian Federal Police.
Roberts-Smith has been ordered to pay the respondents’ legal costs, which are believed to exceed $25 million.
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