Ben roberts smith gives evidence in defamation trial 20210610 p5y7du.html – Breaking News & Latest Updates 2026
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Roberts-Smith wipes away tears as he gives evidence in defamation trial

Kelly Fedor

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Australia's most decorated soldier Ben Roberts-Smith has wiped away tears as he told his defamation trial of the battle which earned him the Victoria Cross.

The former SAS soldier had begun to talk about pushing forward in the Battle of Tizak when the proceedings had to be adjourned, he was then comforted by his parents.

He had spent the day giving evidence after barrister Nicholas Owens SC acting for Nine newspapers The Sydney Morning Herald and The Age detailed its case based on the defence of truth.

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READ MORE: Roberts-Smith's relationship with solicitor questioned by judge

Ben Roberts-Smith is suing three newspapers for defamation.

Ben Roberts-Smith is suing three newspapers for defamation. Getty

"None – not a single one – of the six murders that we allege Mr Roberts-Smith either committed or was involved in, involved decisions that were made in the heat of battle or under what is referred to as the fog of war," Mr Owens told the court.

"And under the Geneva Conventions, once a person has been placed under control, no matter that he may be without a shadow of a doubt the most brutal, vile member of the Taliban imaginable, an Australian soldier cannot kill him. To do so is murder."

One of the allegations is that Ali Jan was kicked off a cliff at Darwan in 2012.

The court heard the Afghan farmer was then dragged across a creek bed and shot on the edge of a corn field so Mr Roberts-Smith could allegedly cover it up. 

"Mr Roberts-Smith has constructed a false narrative to make it appear that a murdered PUC (person under control) was killed in combat," Mr Owens said today.

The barrister acting for the newspapers told the court they would call 21 current and former members of the SAS to give evidence.

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Ben Roberts-Smith leaves Federal Court in Sydney this week.

Ben Roberts-Smith leaves Federal Court in Sydney this week. Dylan Coker/Sydney Morning Herald

READ MORE: News reports 'destroyed' Roberts-Smith's reputation, barrister says

"The suggestion that the testimony of 21 men is a fabrication as a result of jealously or the product of trauma is inherently implausible and, we will submit, will not survive the telling of their stories."

Mr Roberts-Smith was asked about his reaction to that when he was called to give evidence shortly afterwards.

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"I spent my life fighting for my country and I did everything I possibly could to ensure I did everything with honour."

"I really cannot comprehend how people on the basis of rumour and innuendo can maintain that in a public forum, and it breaks my heart actually."

Of allegations he carried an elderly Afghan man with a prosthetic leg outside a compound and shot him, he said they were in combat at the time.

"No way, no way you'd do that, there's no way you'd walk outside without having your weapon up and on top of that I don't think you'd be able to do it with someone non-compliant."

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He said they removed the leg to check for explosives and it was souvenired by someone else.

Benjamin Roberts-Smith is awarded his Victoria Cross by then-Governor-General Quentin Bryce on January 23, 2011.

Benjamin Roberts-Smith was awarded the Victoria Cross by Governor-General Quentin Bryce on January 23, 2011. Australian Defence Force

While he didn't drink from it, others did.

"I don't have a problem with it … people being able to let go some of the demons that they deal with," he said. 

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Mr Roberts-Smith denied bullying colleagues, telling the court he thought one was below the standards of the SAS.

He said on one occasion he was more concerned about his lunch of noodles than moving when there was gunfire.

Another was said to have crashed their vehicle while aiming his gun at a stray dog, but he said they shook hands after mediation.

And another had made a derogatory comment about his wife.

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"He put his hand up on my chest and I punched him in the chin," Mr Roberts-Smith said.

The hearing continues tomorrow.

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