Ben Roberts-Smith's defamation appeal fails in Federal Court
Victoria Cross recipient Ben Roberts-Smith failed to overturn a finding that he committed war crimes during the Afghanistan war, losing a seven-year battle against the Nine media group to clear his name.
Three Federal Court judges ruled on Friday against the ex-SAS corporal, keeping the full reasons secret until next week to allow government lawyers to check they do not include confidential information.
The Age, the Sydney Morning Herald and the Canberra Times accused Mr Roberts-Smith of executing prisoners in 2009 and kicking a farmer named Ali Jain off a cliff in 2012, prompting a lawsuit that has been called the 'defamation case of the century'.
In a summary of their judgement, the judges said Mr Roberts-Smith had failed to prove the evidence against him was too weak to meet the legal test of the balance of probabilities.
'Having carefully considered all these matters, we are unanimously of the opinion that the evidence was sufficiently cogent to support the findings that the appellant murdered four Afghan men and to the extent that we have discerned error in the reasons of the primary judge, the errors were inconsequential,' they wrote. 'Accordingly, the appeal must be dismissed with costs.'
Two weeks ago the court heard the lead journalist involved, Nick McKenzie, said on a secretly recorded conversation that he had breached his 'f...ing ethics'. It also emerged that Nine paid a witness $700,000 to stay quiet about confidential legal information passed on to Mr McKenzie during the original case.
Mr Roberts-Smith, who has always proclaimed his innocence, has not been charged.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
7NEWS
11 hours ago
- 7NEWS
Caroline Springs Square in Melbourne thrown into lockdown after machete-wielding teens spotted, days after ban takes effect
A Victorian shopping centre was thrown into lockdown after a group of teenagers were seen with machetes — less than two weeks after the state's ban on the weapons came into effect. About five or six teenage boys, reportedly armed with machetes, were spotted arguing inside Caroline Springs Square Shopping Centre in Melbourne about 6.40pm on Friday, police said. Shop owners scrambled to flee upon seeing the weapons. Know the news with the 7NEWS app: Download today 'I was so scared, I quickly shut down the café,' one told 7NEWS. 'When we saw the knives, we were scared and ran far away,' another witness said. CS Square Centre management told The Age it had initiated a lockdown in response to the incident. By the time police arrived, the teens had already fled the scene. Shop owner Bhanush Sharma told The Age the lockdown lasted around 25 to 30 minutes. No injuries were reported, police confirmed. Less than two weeks ago, Northland Shopping Centre was also placed into lockdown on May 25, after rival gangs armed with machetes chased each other through the complex. The Victorian government fast-tracked its planned machete ban, . However, the ban on possession will not take effect until September 1. Those caught with a prohibited weapon in Victoria can face up to two years in prison or a fine of more than $47,000.
Sydney Morning Herald
21 hours ago
- Sydney Morning Herald
Former Victorian opposition leader John Pesutto served bankruptcy notice
John Pesutto has accepted a bankruptcy notice served to him yesterday, as the consequences of Liberal colleague Moira Deeming's successful defamation action against him continue to play out. One source close to the proceedings confirmed that the official notice had been served. Deeming successfully took Pesutto to Federal Court, which last December ruled he defamed her five times after an anti-transgender rights rally she organised in March 2023. That rally was unexpectedly gatecrashed by Neo-Nazis, and the court agreed with Deeming that in the aftermath, Pesutto defamed her as a Nazi sympathiser. Last month, a court ordered Pesutto to pay Deeming $2.3 million in legal costs by Friday, May 30, a deadline which he missed. Loading Only about one third of the money has been raised, including $212,000 via crowdfunding - and about $4000 of that in the past week. Under Australian bankruptcy law, Pesutto now has 20 days to either pay the $2.3 million in full or come to an arrangement where he can pay in instalments. Deeming's lawyers have previously said they plan to pursue third parties for costs if Pesutto is left bankrupt — including former premiers Jeff Kennett, Denis Napthine and Ted Baillieu and serving MPs Georgie Crozier and David Southwick.
The Age
21 hours ago
- The Age
Former Victorian opposition leader John Pesutto served bankruptcy notice
John Pesutto has accepted a bankruptcy notice served to him yesterday, as the consequences of Liberal colleague Moira Deeming's successful defamation action against him continue to play out. One source close to the proceedings confirmed that the official notice had been served. Deeming successfully took Pesutto to Federal Court, which last December ruled he defamed her five times after an anti-transgender rights rally she organised in March 2023. That rally was unexpectedly gatecrashed by Neo-Nazis, and the court agreed with Deeming that in the aftermath, Pesutto defamed her as a Nazi sympathiser. Last month, a court ordered Pesutto to pay Deeming $2.3 million in legal costs by Friday, May 30, a deadline which he missed. Loading Only about one third of the money has been raised, including $212,000 via crowdfunding - and about $4000 of that in the past week. Under Australian bankruptcy law, Pesutto now has 20 days to either pay the $2.3 million in full or come to an arrangement where he can pay in instalments. Deeming's lawyers have previously said they plan to pursue third parties for costs if Pesutto is left bankrupt — including former premiers Jeff Kennett, Denis Napthine and Ted Baillieu and serving MPs Georgie Crozier and David Southwick.
