Australia veteran accused of killing Afghan civilians says won't apologise

Ben Roberts-Smith arrives at the Federal Court in Sydney, on June 9, 2021. (AP Photo/Rick Rycroft, File)

Australia's most decorated war veteran, found by a civil court to have played a part in the murder of four Afghans while serving in Afghanistan, said he was devastated by what he called an "incorrect" judgement and he would not apologise for his actions.

In his first public comments on Wednesday since the court ruling, Ben Roberts-Smith, holder of the Victoria Cross and other top military honours, said he remained proud of his actions in Afghanistan, where he served in the Special Air Service on six tours from 2006 to 2012.

An Australian federal court judge on June 1 dismissed Roberts-Smith's defamation case against three newspapers for articles accusing him of violating the rules of engagement and killing unarmed Afghans.

In his ruling, the judge said the newspapers had proven substantial truth in their reporting. "I'm devastated with the result, it's a terrible outcome, and it's the incorrect outcome," Roberts-Smith told television network Nine Entertainment at Perth Airport baggage claim late on Wednesday.

"We haven't done anything wrong so we won't be making any apologies," he added.

Asked if he remained proud of his actions in Afghanistan, Roberts-Smith replied, "of course I am."

The civil court defamation finding required a lower threshold of proof than a criminal court would. Roberts-Smith, 44, whose portrait hangs in the Australian War Memorial, has not been charged with any crimes.

Still, the judgment was embraced by the defendants and representatives of the media and defence industries as a win for public interest journalism and transparency in relation to Australia's military conduct abroad.

Unlawful killings of civilians

Roberts-Smith was not in court for the judgment, which followed 110 days of hearings spread over a year, and was photographed by media in Bali, Indonesia, at the time.

He was more recently photographed in New Zealand, where he caught a flight to Australia.

"We will look at it [the judgement] and consider whether or not we need to file an appeal," Roberts-Smith said in the brief airport interview.

"We'll just have to work through it, and I'll take the advice as it comes."

Earlier this year, Britain's Defence Ministry announced it had established an independent inquiry to investigate allegations of unlawful killings by British soldiers in Afghanistan over a decade ago.

Charity groups, including Action on Armed Violence, said Britain paid compensation to families of dozens of children who were unlawfully killed by UK troops in Afghanistan.

A BBC investigation last year discovered that over 50 Afghan detainees and unarmed civilians were unlawfully killed by troops, which provoked the Defence Ministry to launch an investigation later.

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Source: TRT