Gina Rinehart has criticised a “relentless attack” on the former SAS soldierBen Roberts-Smithand argued that it has weakened the nation and a defence force “already struggling with inadequate numbers to defend us”.
Australia’s richest person, who has donated to a fund designed to support the legal costs of former SAS soldiers, has declined to say whether she personally funded Roberts-Smith’s legal costs.
On Friday the former soldierlost his appeal against a defamation case ruling, with three justices of the federal court agreeing he was not defamed by Nine newspapers and the journalists Nick McKenzie and Chris Masters when they published reports in 2018 which claimed he had committed war crimes. He has always denied the allegations.
The decision handed down on Friday morning in Sydney marked a key moment in a marathon legal battle that has spanned seven years. It upheld the decision of Justice Anthony Besanko, who found in 2023 that Roberts-Smith had, on the balance of probabilities, committed war crimes while deployed in Afghanistan.
Sign up for Guardian Australia’s breaking news email
In response to media commentary about the case, Rinehart told the Sunday Times: “The relentless attack on Ben Roberts-Smith hasn’t made the country better, as some journalists like to imply, it’s just weakened our Defence Force already struggling with inadequate numbers to defend us.
“Many patriotic Australians query, is it fair that this brave and patriotic man who risked his life on overseas missions which he was sent on by our government, is under such attack.”
Rinehart has also told the Nightlythe court’s decision “seems to be taken by some in the Channel 9 group as something they can gloat about”.
Inan editorial published on Saturday, the Sydney Morning Herald said “our journalism, led by McKenzie and Masters, has withstood the most severe scrutiny”.
“While this verdict should draw a line in the sand on years of litigation, it must not be the end to a much-needed focus on Australia’s conduct abroad,” the editorial said.
Rinehart in 2021 donated areported $1mof her own money and a further $610,000 from her companies towards the legal defence of former special forces personnel through the SAS Resources Fund, which has previously listed Roberts-Smith as adonorandambassador.
Hancock Prospecting donated to the fund in the wake of “left media” criticism of defence personnel after the public release of parts of the Brereton report in 2020, according to anonline statement.
Sign up toBreaking News Australia
Get the most important news as it breaks
after newsletter promotion
“The HPPL Group was keen to provide support following the whistle-blowers and then Government’s unfortunate [publication] decision … throwing our defence personnel without fair trial to the left media,” the statement reads.
“The [resulting] loss of life has been far greater since the enquiry, than the Australian Defence lives lost in active service in Afghanistan.”
Rinehart’s company websites advertise a further “seven-figure” donation to another special forces fund, the Commando Welfare Trust, as well as her donations to veteran housing projects.
The decision of the full bench of the federal court affirms that claims made in news reports by McKenzie and Masters in 2018 that Roberts-Smith was responsible for the murder of four unarmed civilians when deployed in Afghanistan were substantially true.
Roberts-Smith, 46, is one of Australia’s most decorated soldiers. He was awarded Australia’s highest military honour, the Victoria Cross, in 2011, for single-handedly taking out machine-gun posts to protect pinned-down colleagues in Afghanistan.