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Ben Roberts-Smith appeal: former soldier argues judge ‘cherrypicked’ evidence in defamation decision

Roberts-Smith is appealing federal court verdict which found, on the balance of probabilities, he was complicit in four murders in Afghanistan

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Ben Roberts-Smith is appealing against a federal court decision which found he was complicit in four murders, alleging the judge who comprehensively ruled against him in his defamation action “cherrypicked” evidence in his judgment.

Last month, Justice Anthony Besanko dismissed a defamation action by Roberts-Smith against three Australian newspapers he said defamed him in a series of 2018 articles by alleging he murdered civilians, including kicking a handcuffed man off a cliff, and ordering subordinate soldiers to kill prisoners.

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