Court findings that Ben Roberts-Smith committed war crimes while in Afghanistan could be under threat in a legal appeal by the Victoria Cross recipient.

In June, Mr Roberts-Smith suffered a massive defeat after the Federal Court dismissed his defamation cases over reports he was involved in a number of unlawful actions as an SAS corporal, including the murder of four unarmed prisoners.

On Tuesday, he filed his appeals of these findings seeking to revive claims that Nine-owned publishers The Age and The Sydney Morning Herald plus The Canberra Times defamed him in their reports.

The articles, published in 2018, included claims Mr Roberts-Smith kicked a handcuffed man off a cliff and ordered his execution, and machine-gunned another prisoner, taking his prosthetic leg home as a souvenir drinking vessel.

The three media firms hailed the dismissal of the cases as a significant win and are now seeking their legal costs from the former soldier as well as from the Seven Network and Kerry Stokes’ private firm Australian Capital Equity which financially supported the lawsuits.

In November 2020, a report into alleged war crimes by special forces in Afghanistan was released finding credible evidence 39 civilians and prisoners were unlawfully killed by Australian troops while two others were subject to cruelty from 2007 to 2013.

Two years later, more than 40 alleged offences were under investigation.

Mr Roberts-Smith has not been charged and maintains his innocence. 

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