Nine has hailed the dismissal of Ben Roberts-Smith’s appeal as a resounding victory for investigative journalism, the rule of law, and the whistleblowers who dared to speak out.
Following years of litigation and a high-stakes defamation trial, the Federal Court today upheld the original judgment, confirming that the former SAS soldier was responsible for multiple unlawful killings in Afghanistan.
For Nine, the publisher behind the reports that sparked the legal firestorm, the court’s latest ruling is not just vindication. It’s a full-throated endorsement of the power of public interest journalism.
“This is an emphatic win for Nine”
In a statement issued shortly after the decision, Nine’s Managing Director of Publishing, Tory Maguire, pulled no punches.
“Nine welcomes today’s decision by the Federal Court to dismiss the appeal by Ben Roberts-Smith to overturn the court’s findings in his failed defamation claim against our mastheads,” she said.
“This is an emphatic win for Nine.”
Maguire said the ruling confirms that the articles published by The Age and The Sydney Morning Herald, authored by investigative journalists Nick McKenzie and Chris Masters, were not only justified, they were proven true.
“The Federal Court found Ben Roberts-Smith to have committed multiple war crimes while serving with the Australian Defence Force in Afghanistan,” she said.
“The Court said: ‘We are unanimously of the opinion that the evidence was sufficiently cogent to support the findings that the appellant murdered four Afghan men.’”
Maguire then took a moment to honour the sources behind the stories: “Today’s decision is vindication for the brave soldiers of the Australian Defence Force’s SAS Regiment”.
She continued: “These men are proud Australians who served their country with distinction and demonstrated courage by boldly speaking the truth about what happened in Afghanistan.”
Nine’s Managing Director of Publishing, Tory Maguire
A moment for journalism
Beyond the legal outcome, Maguire framed the ruling as a milestone for the broader media industry.
“Today is also a great day for investigative journalism and underscores why it remains highly valued by the Australian people,” she said.
Nine’s unwavering legal and editorial support throughout the trial, and then the appeal, was a calculated, long-term bet on press freedom. Maguire made it clear they would make the same decision again.
“Nine has unswervingly backed our reporters and editors throughout this matter, reinforcing our longstanding commitment to quality journalism in the public interest.”
The court also dismissed the last-minute attempt by Roberts-Smith’s legal team to introduce new evidence involving a covert recording of McKenzie, and found no breach of legal privilege. Maguire said the publisher was confident all along in the professionalism of its reporting team.
“Nick is an outstanding journalist, respected by his editors, colleagues at Nine and peers in newsrooms across the country.”
“Grateful and vindicated”
McKenzie, who has been at the centre of the story from the beginning, welcomed the result with a statement that was part tribute, part call to action.
“This is an emphatic result,” he said.
“I want to pay tribute and express my deep gratitude to the brave SASR soldiers who not only fought for their country in Afghanistan but fought for the Australian public to learn the truth: that Ben Roberts-Smith is a war criminal.”
He also acknowledged the impact on Afghan families affected by the killings.
“I want to acknowledge the victims of Roberts-Smith, including the Afghan children and women who have lost their fathers and husbands who were murdered on the directions of Roberts-Smith.”
And while the verdict marks the end of a legal chapter, McKenzie made it clear that accountability must go further.
“It should not be left to journalists and brave soldiers to stand up to a war criminal. Australian authorities must hold Ben Roberts-Smith accountable before our criminal justice system.”
Nick McKenzie
Nine draws the line
The Roberts-Smith saga will be studied for years, as a case about truth, power, and the enormous risks of reporting against national heroes. For Nine, though, the lesson is simple: facts matter. Stories matter. And backing your newsroom, even when the odds are against you, can still deliver justice.
It took years, millions of dollars, and extraordinary courage from sources and reporters alike. But today Nine drew the line, and the court backed it.