Latest news with #BenRoberts-Smith
The Age
07-07-2025
- The Age
ADF must act on sexual abuse of servicewomen
The Australian Defence Force's continuing inertia on the Royal Commission into Defence and Veteran Suicide and on former soldier Ben Roberts-Smith suggests it is locked in a purgatory of its own creation. It only gets worse. Now the organisation has been revealed as failing to protect servicewomen from predators within its own ranks. Using internal reports and other secret material, The Age and 60 Minutes have shown how officialdom has betrayed women who have been victims of sexual violence by fellow servicemen, leaving them ignored and marginalised. Reporter Nick McKenzie and producer Garry McNab interviewed former servicewomen who allege they suffered sexual assaults and then endured the pain that followed, a suffering that turned into anger heightened by the ADF's failure to help them heal. Their harrowing stories include: the accused rapist who returned as a Defence contractor only to be charged with another rape (the charges were later dropped); the high-ranking SAS officer who assaulted a fellow female officer at a reunion; and the junior airwoman assaulted at knifepoint who was forced out and hit by a military gag that the ADF removed only after a legal challenge. The ADF has been wrestling with its dismal record on protecting servicewomen since the 2013 'Skype scandal' at Duntroon, where a male trainee officer filmed a sexual encounter with a female trainee and broadcast it live to other male trainees. The scandal triggered the largest organisational reform effort in Defence's history. But apparently to little avail. Loading The royal commission's September 2024 report into defence and veteran suicide described data showing almost 800 reported sexual assaults over the previous five years – a number that it warned concealed the true scale of the problem given an estimated under-reporting rate of 60 per cent and the military's failure to 'accurately quantify' all cases of sexual misconduct. The commission also found an unknown number of ADF personnel with sexual offence convictions for attacks on their colleagues were still serving. Ludicrously, more than nine months after the commission demanded a fresh, focused inquiry into military sexual violence, the Albanese government has yet to announce who will lead the investigation and its terms of reference.
Sydney Morning Herald
06-07-2025
- Politics
- Sydney Morning Herald
ADF must stop closing ranks on sexual abuse of servicewomen
The Australian Defence Force's continuing inertia on the Royal Commission into Defence and Veteran Suicide and Ben Roberts-Smith, VC, suggests it is locked in a purgatory of its own creation. It only gets worse. Now the organisation has been revealed as failing to protect servicewomen from predators within its own ranks. Using classified reports and other secret material, the Herald and 60 Minutes have shown how officialdom has betrayed women who have been victims of sexual violence by fellow servicemen, leaving them ignored, sidelined and marginalised. Loading Reporter Nick McKenzie and producer Garry McNab interviewed former servicewomen who suffered sexual assaults and then endured the pain that followed, a suffering that turned into anger heightened by the ADF's failure to help them heal. Their harrowing stories include: the accused rapist who returned as a Defence contractor only to be charged with another rape; the high-ranking SAS officer who assaulted a fellow female officer at a reunion; and the junior airwoman assaulted at knife-point who was forced out and hit by a military gag order that the ADF refuses to remove. The ADF has been wrestling with its dismal record on protecting women servicemen since the 2013 'Skype scandal' at Duntroon, where a male trainee officer filmed a sexual encounter with a female trainee and broadcast it live to other male trainees. It triggered the largest organisational reform effort in Defence's history. But apparently to little avail. The royal commission's September 2024 report into defence and veteran suicide described data showing almost 800 reported sexual assaults over the past five years – a number it warned concealed the true scale of the problem given an estimated under-reporting rate of 60 per cent and the military's failure to 'accurately quantify' all cases of sexual misconduct. The commission also found an unknown number of ADF personnel with sexual offence convictions for attacks on their colleagues were still serving. Ludicrously, more than nine months after the commission demanded a fresh, focused inquiry into military sexual violence, the Albanese government has yet to announce who will lead the investigation and its terms of reference. Even Lieutenant General Natasha Fox, who as ADF chief of personnel is leading reform efforts to combat sexual violence, is in the dark. Asked to respond to the woman now speaking out, Fox admitted the ADF had failed to protect servicewomen. 'I'm sorry we weren't there when you needed us,' she said. Such behaviour is not tolerated in other workplaces. The Albanese government's prevarication is unconscionable. But the ADF's inaction on so many fronts is the stuff of powerful hierarchies with their own codes and loyalties. No institution, whether cloaked in khaki, clerical or any other garb, should ever be a law unto itself.
AU Financial Review
02-07-2025
- Politics
- AU Financial Review
Gina Rinehart's adoration of the SAS runs in the family
What Ben Roberts-Smith lacks in moral clarity, he makes up in persistence. The war criminal and murderer recently filed the paperwork to the High Court to try to overturn the defamation decisions against him. The Federal Court vindicated the reporting in the Sydney Morning Herald and The Age of some of Roberts-Smith's military conduct in 2018. Those mastheads and this one are owned by Nine Entertainment. Roberts-Smith lost his claim in 2023 and his first appeal in May this year. His final chance to fetch his helmet is getting an audience in the nation's top court, for which he's retained barrister Arthur Moses, who certainly doesn't come cheap. For the first tilt at the defamation claim, Seven West media mogul (and Victoria Cross collector) Kerry Stokes was covering Roberts-Smith's legal bills. For his efforts, he was ordered to also pay the newspapers' costs. But for the appeal and this final push, there's even deeper pockets rumoured to be involved.
The Advertiser
18-06-2025
- Politics
- The Advertiser
Veteran takes last shot to overturn war crime findings
One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046 One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046
Perth Now
18-06-2025
- Politics
- Perth Now
Veteran takes last shot to overturn war crime findings
One of Australia's most decorated soldiers has seized a final chance to clear his name of war crime allegations by taking the fight to the nation's highest court. Ben Roberts-Smith sued Nine newspapers for defamation over reports in 2018 that claimed he was complicit in the murder of four unarmed civilians in Afghanistan. Justice Anthony Besanko in 2023 found the claims were substantially true and his findings were upheld by the Federal Court in May after the soldier launched an unsuccessful appeal. But Roberts-Smith, who maintains his innocence, lodged an application on Monday for special leave to appeal both decisions. The former soldier maintains the war crimes claims did not meet the exceptional degree of cogency required for such serious allegations. "The findings brand the applicant a serial war criminal, a criminal condemnation of the most ruinous kind, yet they were reached in civil proceedings absent the criminal trial safeguards," his lawyers wrote in the application. The findings rest on "inconsistent and memory-impaired recollections" adduced more than a decade after the event that were erroneously preferred over "exculpatory" operational records, they argued. While acknowledging the civil standard of proof is the balance of probabilities rather than the higher criminal standard, Roberts-Smith's lawyers say the gravity of the offences required an equivalent standard of proof. "Allegations of war crimes cannot be upheld in civil proceedings unless proved to the exacting degree of cogency that (the Evidence Act) unequivocally demands," they said. The Victoria Cross recipient has not been charged with criminal wrongdoing. Roberts-Smith claims the Federal Court also made an error in assuming he had accepted some allegations which were not re-contested during the appeal. That acceptance was used to bolster the conclusions he was responsible for the murder of four civilians, his lawyers contend. The former SAS corporal is asking for the Federal Court's decision to be overturned and Nine to be ordered to pay his costs for the trial, appeal and High Court contest. The costs of the 110-day trial and the 10-day appeal are estimated to exceed $30 million. The High Court will consider the special leave application and might not announce a decision for weeks. Roberts-Smith was in 2011 awarded Australia's highest military honour, the Victoria Cross, for single-handedly taking out machine-gun posts to protect pinned-down fellow soldiers in Afghanistan. Later named Australian Father of the Year, his reputation was tarnished by Nine's explosive reports in 2018 alleging he was complicit in war crimes. One of the allegations taken to be proven on the balance of probabilities was that Roberts-Smith ordered the execution of an elderly prisoner to "blood the rookie" during a raid on a compound known as Whiskey 108. "The problem for (Roberts-Smith) is that, unlike most homicides, there were three eyewitnesses to this murder," the Federal Court judges said in their appeal decision. "When all is said and done, it is a rare murder that is witnessed by three independent witnesses." Lifeline 13 11 14 Open Arms 1800 011 046
