By AR Williams, Canberra correspondent
The socialist Labor Government continues to vilify the military chasing 15 year old shadows in Afghanistan by allocating another $44m in this week’s budget to prosecute Special Air Service Regiment members.
Corporal Ben Roberts Smith, VC MG, has taken the brunt of false allegations by several former SAS members, who got their noses out of joint over Roberts Smith being awarded a VC for most conspicuous gallantry when on June 11, 2010, as a patrol second-in-command, his platoon was pinned down by intense Taliban machine-gun fire from an elevated, fortified enemy position.
He knowingly exposed his position to draw enemy fire away from his pinned-down patrol members closing in to within 20 meters of the fortified enemy and personally killed both machine-gun teams, which allowed his patrol to regain the initiative and clear the village of Tizak.
Roberts Smith lost his defamation case against Channel 9, which published a report that he killed unarmed civilians, when a single Federal Court judge claimed on the balance of probabilities Roberts Smith could have shot unarmed Afghans.
That finding is far short of evidence needed for a criminal trial. There has to be evidence presented that would convince a jury beyond reasonable doubt.
Outside of government-funded Afghan informants and former soldiers turned informants, who have been given immunity from prosecution, there appears to be no evidence that would stand on its own. Observers from the defamation trial remarked that sworn testimony they heard was simply hearsay.
He has been released on bail but the judge said at the bail hearing he doubted the case would get to trial for “years.”
Despite high application numbers to join the military, the recruitment process has been described as having an excessive rate of applicant abandonment due to long timelines, and high turnover persists, particularly in the Army.
Should this ideological, Marxist witch hunt against our frontline soldiers continue, the present lower recruitment rate, resignations and natural attrition would see Australia with no effective military protection by 2030.
The permanent full-time ADF workforce stands at approximately 61,000 to 61,189.
The government recently reset the 2025-26 target to 59,373, which the force is on track to meet, but still missed broader growth targets by about 1,000 members in the last period.
Ben was prohibited by the court from raising funds for his legal defence but a group of friends and supporters have set up a formal Discretionary Blind Trust which is now in place. – “The Ben Roberts-Smith VC MG Trust” has been established by his close friends (with the family’s knowledge and blessing) and is independently managed to ensure proper governance and oversight.
If you can help Ben here is the link to the trust which caters for Australian and international transfers:
Important: Some Banks may display a warning that the account name does not match exactly. This is normal and is due to the full legal account name being longer than some bank accounts allow you to enter. Simply continue with the next button and ensure the BSS and Bank details are correct.
No help from the Full Bench of the Federal Court of Appeal in defamation case
Mr. Roberts-Smith’s lawyers argued that Justice Besanko made several legal errors in his 700+ page defamation judgment:
- Incomplete Fact-Finding and Reasoning: The appeal argued that the judge engaged in “speculation” and “circular reasoning” regarding the motivation for killings, particularly in the case of a murder at the village of Chinartu.
- “Cherry-Picking” Evidence: The legal team claimed Besanko “cherry-picked” evidence, placing too much weight on witnesses deemed unreliable by the defense while rejecting evidence provided by Roberts-Smith and his supporters.
- Misapplication of the Law (Briginshaw Principle): It was argued that the judge failed to properly apply the Briginshaw principle, which requires a higher standard of proof in civil cases where the allegations (like war crimes) are extremely serious.
- Mischaracterization of Witness Testimony: The appeal alleged that the judge relied on witnesses who were not consistent, specifically regarding an alleged “blooding” incident (killing a prisoner to initiate a new soldier).
- Ignoring Official Records: The defense contended that Besanko erred in rejecting “official” war records that supported Roberts-Smith’s view that the killings were lawful combat actions.
Outcome of the Appeal
The Full Bench of the Federal Court rejected these claims in May 2025, finding that Justice Besanko’s judgment was “careful and clear”. Really?
