Latest news with #AnthonyBesanko
Belfast Telegraph
16-05-2025
- Politics
- Belfast Telegraph
Decorated Australian veteran loses defamation appeal over Afghanistan killings
Three federal court judges unanimously rejected his appeal of a judge's ruling in 2023 that Roberts-Smith was not defamed by newspaper articles published in 2018 that accused him of a range of war crimes. Justice Anthony Besanko had ruled that the accusations were substantially true to a civil standard and Roberts-Smith was responsible for four of the six unlawful deaths he had been accused of. Roberts-Smith has never faced criminal charges, which must be proven to the higher standard of beyond reasonable doubt. He was not in the Sydney court on Friday to hear the ruling and his lawyers refused to comment. They have a final option of appealing to the High Court. Roberts-Smith, 46, is a former Special Air Service (SAS) Regiment corporal who was awarded the Victoria Cross and Medal for Gallantry for his service in Afghanistan. Around 39,000 Australians soldiers served in Afghanistan and 41 were killed. His SAS colleagues are among those calling for him to become the first of Australia's Victoria Cross winners to be stripped of the highest award for gallantry in battle. Roberts-Smith has been financially supported by Australian billionaire Kerry Stokes whose media business Seven West Media is a rival of Nine Entertainment that published the articles that Roberts-Smith argued defamed him.
The Herald Scotland
16-05-2025
- Politics
- The Herald Scotland
Decorated Australian veteran loses defamation appeal over Afghanistan killings
Justice Anthony Besanko had ruled that the accusations were substantially true to a civil standard and Roberts-Smith was responsible for four of the six unlawful deaths he had been accused of. Roberts-Smith has never faced criminal charges, which must be proven to the higher standard of beyond reasonable doubt. He was not in the Sydney court on Friday to hear the ruling and his lawyers refused to comment. They have a final option of appealing to the High Court. Roberts-Smith, 46, is a former Special Air Service (SAS) Regiment corporal who was awarded the Victoria Cross and Medal for Gallantry for his service in Afghanistan. Around 39,000 Australians soldiers served in Afghanistan and 41 were killed. His SAS colleagues are among those calling for him to become the first of Australia's Victoria Cross winners to be stripped of the highest award for gallantry in battle. Roberts-Smith has been financially supported by Australian billionaire Kerry Stokes whose media business Seven West Media is a rival of Nine Entertainment that published the articles that Roberts-Smith argued defamed him.
Western Telegraph
16-05-2025
- Politics
- Western Telegraph
Decorated Australian veteran loses defamation appeal over Afghanistan killings
Three federal court judges unanimously rejected his appeal of a judge's ruling in 2023 that Roberts-Smith was not defamed by newspaper articles published in 2018 that accused him of a range of war crimes. Justice Anthony Besanko had ruled that the accusations were substantially true to a civil standard and Roberts-Smith was responsible for four of the six unlawful deaths he had been accused of. Roberts-Smith has never faced criminal charges, which must be proven to the higher standard of beyond reasonable doubt. He was not in the Sydney court on Friday to hear the ruling and his lawyers refused to comment. They have a final option of appealing to the High Court. Roberts-Smith, 46, is a former Special Air Service (SAS) Regiment corporal who was awarded the Victoria Cross and Medal for Gallantry for his service in Afghanistan. Around 39,000 Australians soldiers served in Afghanistan and 41 were killed. His SAS colleagues are among those calling for him to become the first of Australia's Victoria Cross winners to be stripped of the highest award for gallantry in battle. Roberts-Smith has been financially supported by Australian billionaire Kerry Stokes whose media business Seven West Media is a rival of Nine Entertainment that published the articles that Roberts-Smith argued defamed him.
The Age
14-05-2025
- Politics
- The Age
D-Day looms in Ben Roberts-Smith appeal
Ben Roberts-Smith will learn on Friday whether he has been successful in his bid to overturn his multimillion-dollar defamation loss. The former Special Air Service corporal has claimed Federal Court Justice Anthony Besanko fell into legal error in a damning judgment that found he was complicit in the murder of four unarmed prisoners while deployed in Afghanistan between 2009 and 2012. The Victoria Cross recipient has always maintained his innocence and lodged an appeal. The appeal hearing took place over 10 days in February last year and the parties had been awaiting the decision for more than a year. The Full Court of the Federal Court will deliver its decision on Friday morning. Loading Top silk Bret Walker, SC, acting for Roberts-Smith, has told the appeal court that 'the heart of our case' was that 'weight is to be given to the presumption of innocence'. Walker said the evidence marshalled by The Age and The Sydney Morning Herald in defence of the lawsuit fell short of the 'exactness of proof' that was expected. But Nicholas Owens, SC, who was acting for the newspapers and is now a Federal Court judge, told the appeal court that the case was 'not like a detective novel' where there could be multiple explanations for the killings.
Sydney Morning Herald
14-05-2025
- Politics
- Sydney Morning Herald
D-Day looms in Ben Roberts-Smith appeal
Ben Roberts-Smith will learn on Friday whether he has been successful in his bid to overturn his multimillion-dollar defamation loss. The former Special Air Service corporal has claimed Federal Court Justice Anthony Besanko fell into legal error in a damning judgment that found he was complicit in the murder of four unarmed prisoners while deployed in Afghanistan between 2009 and 2012. The Victoria Cross recipient has always maintained his innocence and lodged an appeal. The appeal hearing took place over 10 days in February last year and the parties had been awaiting the decision for more than a year. The Full Court of the Federal Court will deliver its decision on Friday morning. Loading Top silk Bret Walker, SC, acting for Roberts-Smith, has told the appeal court that 'the heart of our case' was that 'weight is to be given to the presumption of innocence'. Walker said the evidence marshalled by The Age and The Sydney Morning Herald in defence of the lawsuit fell short of the 'exactness of proof' that was expected. But Nicholas Owens, SC, who was acting for the newspapers and is now a Federal Court judge, told the appeal court that the case was 'not like a detective novel' where there could be multiple explanations for the killings.
