The High Court has thrown out Ben Roberts-Smith’s last-ditch attempt to overturn findings that he committed war crimes, closing the curtain on one of Australia’s most high-profile and expensive defamation cases.
On Thursday, the court refused the former Special Air Service (SAS) corporal’s application for special leave to appeal against the Full Court of the Federal Court’s decision, which upheld damning findings against him. The High Court said the application raised “no question of legal principle” and that the proposed appeal had “insufficient prospects of success”.
The saga began in 2018 when the Victoria Cross recipient sued The Age, The Sydney Morning Herald and The Canberra Times over reports alleging he was a war criminal. After a 110-day trial costing up to $30 million, Justice Anthony Besanko in 2023 dismissed the case. The Full Court upheld that ruling in May 2025.
With the High Court’s decision yesterday, the ruling brings an end to seven years of litigation that has cost tens of millions of dollars and confirmed the conclusions of 11 judges across multiple levels of Australia’s court system.
The investigative journalists at the centre of the case have described the High Court’s decision as both vindication and relief. Nick McKenzie and Chris Masters, who co-authored the original articles, said in a joint statement that the trial had been “an ordeal that all the nation has endured”.
“We are grateful to the courts for their sound and thorough deliberations, and to the Australian soldiers who had the moral courage to stand up for what was right and tell the truth about Ben Roberts-Smith. They are the heroes of this grim but vital story that the Australian public needs to know. We also remember the Afghan victims of war crimes whose families are still waiting for justice.”
Nine’s managing director of publishing, Tory Maguire, said the outcome was a “win for them and the values they represent.”
“This is a win for them and the values they represent. While this case has been challenging at times for all of those who spoke up, for the journalists Nick McKenzie and Chris Masters, and their newsroom leaders, it was important for Nine to defend public interest journalism. With no further legal options available on this matter, the closure of this litigation is an important milestone in that mission.”
McKenzie described the ruling as “an emphatic result,” adding: “I want to pay tribute and express my deep gratitude to the brave SASR soldiers who not only fought for their country in Afghanistan but fought for the Australian public to learn the truth: that Ben Roberts-Smith is a war criminal. I also want to acknowledge the victims of Roberts-Smith, including the Afghan children and women who have lost their fathers and husbands who were murdered at the direction of Roberts-Smith.
“I am grateful that the full bench of the Federal Court has now scrutinised our journalism and the brave testimony of SASR soldiers and vindicated our efforts to tell the Australian public the truth. Finally, it should not be left to journalists and brave soldiers to stand up to a war criminal. Australian authorities must hold Ben Roberts-Smith accountable before our criminal justice system.”
In a later post to LinkedIn, McKenzie said that Roberts-Smith is a “war criminal, bully and liar who brought shame onto the Australian Defence Force”.
Despite the findings in the civil courts, Roberts-Smith has never been charged in a criminal court. He continues to deny all allegations and maintains his innocence.
