Ben Roberts-Smith. A name that will be etched in the memory of Australians for decades to come and one suspects in the law journals forever.
Winning a Victoria Cross on the battlefield is no “every participant wins a prize” award.
It is an honour bestowed on the truly brave who have acted against the odds for the cause and the protection of their fellow soldiers.
Roberts-Smith’s title is Corporal Ben Roberts-Smith VC. He is recognised as a true Australian hero and deservedly for his bravery.
First, in 2006, he was awarded the Medal for Gallantry for his actions in Afghanistan 2006.
He became Australia’s most decorated living soldier for conspicuous gallantry during the battle of Tizak in 2010 and served in Australia’s elite Special Air Service.
A role model for all in the military and the community at large.
Yet now Roberts-Smith finds himself the subject of a court decision that undoes all that he has achieved and more, with the findings of Judge Anthony Besanko declaring that he allegedly committed war crimes while serving in Afghanistan.
The findings come after a defamation trial brought on by Roberts-Smith, who sought to sue various media outlets for publishing allegations he committed war crimes.
It is often said that the only winners in a court case are the lawyers.
And while this decision by one judge is open for appeal, it is best to reserve full judgment, sufficient to observe that the findings will, if unchallenged, send shockwaves through the community and our defence force in particular.
If the allegations are confirmed, and I am not saying they are, the defamation trial and any subsequent proceedings will serve as a forceful reminder that the brutality and gruesomeness of warfare still need to be governed by ethics and standards.
Sure, the bonds forged on the battlefront run deep and are enduring, but they can never be allowed to cover any criminality. This is undoubtedly one beneficial lesson from the trial.
Defence Force’s Reputation Now Tarnished
On the international stage, Australia’s military had an enviable reputation built on the ethics and integrity of their forebears.Today that reputation will be seen by many as lying in ruins, tattered and devastated. Unfortunately, the actions of one or a few, if the findings stand, will be seen as tarnishing a whole force. That would be an undeserved and truly horrendous outcome.
Those that have served our country selflessly and with honour are entitled to our ongoing thanks and admiration.
As with a corrupt judge or a buyable policeman, it should not make us think less of our judicial system or police force. We rightly distinguish the corrupt from the rest. So it must be with any soldiers found to have committed war crimes.
The fact these matters are ultimately flushed out, even in an exceptionally cumbersome and tortuous route, should strengthen people’s belief in our systems and personnel. The truth will emerge because it must.
This also highlights that no one is above the law. Assertions will be tested and unacceptable, and indeed, criminal behaviour will be called out and exposed.
From rooster to a feather duster, from hero to villain, from gallantry to bully, the allegations Roberts-Smith faced have been an unparalleled and unedifying spectacle.
Many who believed in him and looked up to him will be shattered.
The consequences of the findings against the corporal will reverberate around not only the military establishment but the Australian community for decades to come.
A topic of discussion at many Australian barbecues will be how gallantry and selfless bravery can reside in the same soul that has been accused of cold-blooded acts.
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