Decorated battle veteran Ben Roberts-Smith has misplaced his defamation case in opposition to Nine newspapers.
The 44-year-old didn’t entrance the Federal Court on Thursday as Justice Anthony Besanko discovered imputations put ahead throughout six articles by The Sydney Morning Herald, The Age and The Canberra Times had been discovered to be considerably true.
The proceedings had been formally dismissed, after Justice Besanko discovered the articles proved some, however not all, of the defamatory imputations, in a significant win for the newspapers.
There was silence throughout the courtroom as Justice Besanko discovered the adorned veteran was a assassin and a battle felony in his conclusions.
WAR CRIME CLAIMS ‘PROVEN’
He mentioned probably the most critical imputations alleged within the articles had been confirmed and the newspapers had upheld the defence of contextual fact for the rest.
Justice Besanko discovered allegations of threats and home violence couldn’t be confirmed, however was “satisfied” the defence made out the defence of contextual fact.
While not each homicide allegation was established by the newspapers, the decide discovered the 2 key killings had taken place.
Justice Besanko discovered Mr Roberts-Smith’s actions on the mission to Whiskey 108 on Easter Sunday in 2009 had been discovered to be considerably true, which means he was discovered to have allegedly “frog marched” a person with a prosthetic leg out of a secret tunnel on the compound.
He has been discovered by the court docket to have shot the person with a machine gun within the again.
As effectively as being discovered by the decide to be a assassin, Mr Roberts-Smith was additionally discovered within the judgment to have “broken the moral and legal rules of military engagement and is therefore a criminal”.
The decide additionally discovered he disgraced his nation and the Australian Army by way of his conduct.
Justice Besanko additionally discovered the homicide of Ali Jan at Darwan in September 2012 to be considerably true, the place Mr Roberts-Smith allegedly kicked the detained shepherd off a cliff whereas he was handcuffed.
It is alleged Mr Roberts-Smith marched the farmer to face above the 10-metre-high cliff earlier than kicking him onto a dry riverbed beneath.
The articles allege the farmer was then dragged to a cornfield and shot by both Mr Roberts-Smith or one other soldier referred to as Person 11. The killing was likened to the film 300 through which a Spartan warrior kicks an enemy into an abyss.
FULL JUDGMENT YET TO COME
But the publication of the complete causes for the long-awaited final result within the multimillion-dollar defamation trial between battle veteran Ben Roberts-Smith and Nine newspapers can be delayed following an Eleventh-hour determination.
The commonwealth requested the decide to delay publishing the complete written causes within the case till Monday.
This is to allow them to be checked out for any disclosures of delicate info.
Justice Besanko informed the court docket that along with Thursday’s determination, an additional 50 pages of “closed court” judgment was to be delivered to a choose variety of individuals.
Findings in Ben Roberts-Smith defamation case
“JUSTICE”
As the judgment was handed down, The Age journalist Nick McKenzie issued a one-word tweet, studying: “Justice.”
Speaking outdoors court docket, Mr McKenzie mentioned the choice was a “day of justice” for SAS troopers who spoke out in the course of the listening to.
“These brave men of the SAS stood up and told the truth,” Mr McKenzie mentioned.
“They told the truth that Ben Roberts-Smith was a war criminal, a bully, and a liar.
“Australia should be proud of those men.”
Mr McKenzie likened Mr Roberts-Smith to disgraced bicycle owner Lance Armstrong and urged the veteran to “reflect on the pain he brought”.
The investigative journalist mentioned the choice would supply some aid to victims in Afghanistan who additionally gave proof.
“Ali Jan was a father, a husband,” he mentioned. “He was kicked off a cliff by Ben Roberts-Smith, and was murdered with his participation.
“There is some small justice for him (and) for all the Afghan villagers who stood up in court.”
Journalist Chris Masters mentioned the choice got here as an awesome aid for news media.
“It‘s a relief for the media, frankly, we know we’re so often on our knees,” he mentioned.
“It often feels so hard to even do ordinary work, let alone work as difficult as this.”
Channel 9 director James Chessell mentioned the consequence was a vindication of reporting on a “difficult story”.
“Today is a pivotal moment in this story, and we are very pleased with the result,” he mentioned.
“The series of stories at the centre of this trial will have a lasting impact on the Australian Defence Force.
“We will continue to hold people involved in war crimes to account.
“The responsibility for these atrocities does not end with Ben Robert Smith.”
“DISAPPOINTED”
Chairman of Seven West Media, Kerry Stokes expressed his disappointment on the judgment.
“The judgment does not accord with the man I know. I know this will be particularly hard for Ben, who has always maintained his innocence. That his fellow soldiers have disagreed with each other, this outcome will be the source of additional grief,” he mentioned in a press release.
“I haven’t had a chance to have a discussion with Ben as yet, but I will when he has had a chance to fully absorb the judgment.”
IN BALI ON JUDGMENT DAY
On the eve of the monumental determination, Mr Roberts-Smith, 44, was pictured laying poolside in Bali at a $500-a-night resort.
According to 9 News, the Victoria Cross recipient checked into the resort on Tuesday.
Many anticipated Mr Roberts-Smith to attend court docket at the moment, as he did each single day in the course of the 110-day lengthy trial, even when former comrades and his ex-wife gave proof in opposition to him.
He shouldn’t be legally required to be in court docket for the choice.
A $25 MILLION TRIAL
Since the Federal Court trial ended on July 27 final 12 months, Justice Besanko has been scrutinising greater than 100 days of proof to determine whether or not Australia’s most adorned residing soldier dedicated “the most heinous acts of criminality” whereas serving with the SAS.
The determination comes after 309 days of ready for the elite veteran, and his journalist accusers, after 41 witnesses and greater than $25 million in authorized charges.
The marathon trial redefined Australia’s battle in Afghanistan, but in addition uncovered alleged war-crimes by the previous soldier and revealed his extramarital affair.
The Victoria Cross recipient launched a defamation lawsuit shortly after Nine accused him of battle crime murders in six mid-2018 articles printed in The Sydney Morning Herald, The Age and The Canberra Times.
He alleged the newspapers wrongly accused him of battle crimes, bullying a fellow soldier and an act of home violence in opposition to a former lover.
But Nine dug in, defending the articles within the Federal Court by saying they’re true.
In their defence, Nine sought to show on the steadiness of possibilities Mr Roberts-Smith was concerned within the homicide of 5 unarmed prisoners whereas in Afghanistan between 2009 and 2023.
During closing arguments, Mr Roberts-Smith’s barrister, Arthur Moses SC, reminded the decide that Nine bore the heavy burden of proving his shopper was a assassin.
The entirety of the proof, Mr Moses informed the court docket, reveals Nine had no foundation and no proof to publish grave claims Mr Roberts-Smith killed six unarmed Afghans.
“(Nine) published allegations and stories as fact that condemned Mr Roberts-Smith as being guilty of the most heinous acts of criminality that could be made against a member of the Australian Defence Force, and indeed any citizen,” he mentioned.
He referred to as on the decide to reject Nine’s case “in all forms”.
One query Nine has by no means answered, in response to Mr Roberts-Smith, is what motive did he need to kill 5 detained Afghans when he had transported lots of extra safely again to Australian bases.
But Nine’s barrister, Nicholas Owens SC, informed the decide even “the most brutal, vile member of the Taliban imaginable” can’t be killed and detained.
“To do so is murder,” he mentioned.
He mentioned Mr Roberts-Smith killed detainees just because they had been “enemy combatants”.
“We say that was a powerful motive that operated in relation to all of these incidents … it was a motive to kill Taliban insurgents regardless of the lawfulness of doing so,” Mr Owens informed the court docket.
SAS CONFLICT
The trial is the end result of years of battle inside the SAS and it has a big overlap with top-secret battle crime investigations.
Lawyers representing the Commonwealth authorities had been additionally current in the course of the trial daily to maintain extremely categorised navy info out of the general public sphere.
Mr Roberts-Smith was awarded the Victoria Cross, the best navy honour, when he stormed machine weapons that had pinned down his males within the battle of Tizak in late 2010.
Over the next years the VC, and Mr Roberts-Smith’s meteoric rise to nationwide hero, divided the SAS into two camps, the court docket heard.
Multiple troopers testified that many within the SAS backed Mr Roberts-Smith as among the many greatest within the brotherhood, whereas others believed the famed Corporal was a thug to his personal males, and perhaps even one thing extra sinister.
It was 2016, two years earlier than Nine’s articles emerged, that the Inspector General of the Australian Defence Force started probing rumours of battle crimes inside the SAS.
No one has been charged with battle crimes by the OSI nevertheless it was clear they, too, had been intently watching the defamation trial that traversed the dustiest corners of Afghanistan to the inside fractures of Australia’s most secretive navy brotherhood.
Source: www.perthnow.com.au
