Latest news with #FullCourt
Indian Express
5 days ago
- Politics
- Indian Express
HC upholds discharge of Haryana probationary judge: ‘deemed confirmation a perilous concept'
The Punjab and Haryana High Court has upheld the dismissal of former probationary civil judge (junior division) Ankur Lal, rejecting his plea against a decade-old discharge order over integrity concerns and unsatisfactory performance. The ruling, pronounced on Thursday by a bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel, dismissed Lal's writ petition challenging the decision of the high court's Full Court, which recommended his discharge on July 23, 2012. Acting on these recommendations, the Haryana Government issued an order on December 4, 2012, terminating his probationary services. Lal had approached the high court through Civil Writ Petition No. 17822 of 2013, seeking to quash both the Full Court's recommendation and the discharge order. He had served as a probationary civil judge from 2009 to 2012, but his service record reflected multiple adverse remarks. These included a 'B-Satisfactory' rating in 2009–10, a 'C–Below Average' rating with the remark 'integrity doubtful' in 2010–11, and a 'B–Average' rating in 2011–12, during which the Bar Association of Ferozepur Jhirka submitted an anonymous complaint against him. The Administrative Committee had recommended that his services be dispensed with, a view endorsed by the Full Court and conveyed to the government, culminating in the discharge order. In court, Lal argued that under Rule 7.3 of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994, he was entitled to deemed confirmation upon completion of three years of probation, especially in light of available vacancies. The bench rejected this argument, holding that deemed confirmation requires both a permanent vacancy and satisfactory service—neither of which was applicable in Lal's case. 'There is no allegation of mala fide intent on the part of the authorities,' the court noted. Emphasising the importance of integrity in the judiciary, the bench observed in its judgment: 'The concept of probation is to enable the Employer to analyse the work, conduct and behaviour of the appointee… This power cannot be taken away… Deemed confirmation is a perilous concept in service jurisprudence…' 'If deemed confirmation is brought into play… then an anomalous situation would arise where the probationer, despite being unfit, is deemed to be confirmed, bringing into the service a Judge of doubtful integrity. This would be deleterious to the very concept of probity on which the entire judicial system stands,' it added. The court found no procedural irregularity in the discharge decision and ordered that Lal's Annual Confidential Reports (ACRs) be returned to the relevant branch. With this ruling, the high court has reinforced the principle that integrity and performance during probation are non-negotiable in judicial appointments, and automatic confirmation cannot override a service record marred by adverse remarks.
News.com.au
20-05-2025
- Politics
- News.com.au
‘Immaterial': Why BRS appeal over war crime findings failed
The judge who presided over the Ben Roberts-Smith blockbuster defamation trial made two errors however they were 'immaterial' and did not mean his findings should be overturned, the Full Court of the Federal Court has found. Roberts-Smith was last week struck a massive blow when he failed in his bid to overturn his loss to Nine Newspapers over a series of stories making war crime allegations relating to his deployment in Afghanistan. In a landmark judgment, Federal Court justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times and found that he was involved in the murder of four unarmed men. His appeal to the Full Court of the Federal Court was on Friday dismissed by justices Nye Perram, Anna Katzmann and Geoffrey Kennett. The court's full reasons were published on Tuesday. The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. 'They do not affect His Honour's conclusions on any of the critical questions,' the Full Court of the Federal Court found. ' … In a long, careful and clear judgment, the primary judge correctly identified and applied the relevant legal principles and paid close attention to the serious nature of the allegations and the standard of proof. 'His Honour repeatedly reminded himself that the respondents bore the onus of proving the substantial truth of the imputations and of the cogency of the evidence necessary to discharge it.' Roberts-Smith has already vowed to take his fight to the High Court of Australia. Among the findings that Roberts-Smith was seeking to overturn was the allegation that he took part in the murder of a handcuffed shepherd, Ali Jan, at Darwan in September 2012. Roberts-Smith also disputed findings that he was involved in the killings of two prisoners at a compound called 'Whiskey 108' in 2009. According to the allegations, Roberts-Smith shot one man in the back and directed a 'rookie' soldier to shoot another prisoner. He was also found, during an operation at Chinartu, to have directed members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons. Roberts-Smith continues to deny the allegations and in a statement on Friday said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.' Roberts-Smith's lawyers had argued that Justice Besanko had failed to take into consideration the 'Briginshaw principle', which dictates that serious allegations should be treated cautiously when a court makes findings. 'We reject this argument,' the Full Court of the Federal Court found. 'The primary judge discussed the relevant principles at length in the early part of his reasons and repeatedly reminded himself of them.' It found that Justice Besanko repeatedly mentioned in his judgment the important legal principles of the presumption of innocence and the seriousness of the findings that he had to make.
West Australian
20-05-2025
- Politics
- West Australian
‘Immaterial': Why BRS appeal over war crime findings failed
The judge who presided over the Ben Roberts-Smith blockbuster defamation trial made two errors however they were 'immaterial' and did not mean his findings should be overturned, the Full Court of the Federal Court has found. Roberts-Smith was last week struck a massive blow when he failed in his bid to overturn his loss to Nine Newspapers over a series of stories making war crime allegations relating to his deployment in Afghanistan. In a landmark judgment, Federal Court justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times and found that he was involved in the murder of four unarmed men. His appeal to the Full Court of the Federal Court was on Friday dismissed by justices Nye Perram, Anna Katzmann and Geoffrey Kennett. The court's full reasons were published on Tuesday. The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. 'They do not affect His Honour's conclusions on any of the critical questions,' the Full Court of the Federal Court found. ' … In a long, careful and clear judgment, the primary judge correctly identified and applied the relevant legal principles and paid close attention to the serious nature of the allegations and the standard of proof. 'His Honour repeatedly reminded himself that the respondents bore the onus of proving the substantial truth of the imputations and of the cogency of the evidence necessary to discharge it.' Roberts-Smith has already vowed to take his fight to the High Court of Australia. Among the findings that Roberts-Smith was seeking to overturn was the allegation that he took part in the murder of a handcuffed shepherd, Ali Jan, at Darwan in September 2012. Roberts-Smith also disputed findings that he was involved in the killings of two prisoners at a compound called 'Whiskey 108' in 2009. According to the allegations, Roberts-Smith shot one man in the back and directed a 'rookie' soldier to shoot another prisoner. He was also found, during an operation at Chinartu, to have directed members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons. Roberts-Smith continues to deny the allegations and in a statement on Friday said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.' Roberts-Smith's lawyers had argued that Justice Besanko had failed to take into consideration the 'Briginshaw principle', which dictates that serious allegations should be treated cautiously when a court makes findings. 'We reject this argument,' the Full Court of the Federal Court found. 'The primary judge discussed the relevant principles at length in the early part of his reasons and repeatedly reminded himself of them.' It found that Justice Besanko repeatedly mentioned in his judgment the important legal principles of the presumption of innocence and the seriousness of the findings that he had to make. More to come
Perth Now
20-05-2025
- Politics
- Perth Now
‘Immaterial': Why BRS challenge failed
The judge who presided over the Ben Roberts-Smith blockbuster defamation trial made two errors however they were 'immaterial' and did not mean his findings should be overturned, the Full Court of the Federal Court has found. Roberts-Smith was last week struck a massive blow when he failed in his bid to overturn his loss to Nine Newspapers over a series of stories making war crime allegations relating to his deployment in Afghanistan. In a landmark judgment, Federal Court justice Anthony Besanko in June 2023 dismissed Roberts-Smith's multimillion-dollar lawsuit against The Sydney Morning Herald, The Age and Canberra Times and found that he was involved in the murder of four unarmed men. His appeal to the Full Court of the Federal Court was on Friday dismissed by justices Nye Perram, Anna Katzmann and Geoffrey Kennett. The court's full reasons were published on Tuesday. Ben Roberts-Smith failed to overturn his defamation suit loss. Christian Gilles/NewsWire Credit: NewsWire The court found that while Justice Besanko made two errors in his judgment, they were described as 'immaterial'. 'They do not affect His Honour's conclusions on any of the critical questions,' the Full Court of the Federal Court found. ' … In a long, careful and clear judgment, the primary judge correctly identified and applied the relevant legal principles and paid close attention to the serious nature of the allegations and the standard of proof. 'His Honour repeatedly reminded himself that the respondents bore the onus of proving the substantial truth of the imputations and of the cogency of the evidence necessary to discharge it.' Roberts-Smith has already vowed to take his fight to the High Court of Australia. Among the findings that Roberts-Smith was seeking to overturn was the allegation that he took part in the murder of a handcuffed shepherd, Ali Jan, at Darwan in September 2012. Roberts-Smith also disputed findings that he was involved in the killings of two prisoners at a compound called 'Whiskey 108' in 2009. According to the allegations, Roberts-Smith shot one man in the back and directed a 'rookie' soldier to shoot another prisoner. He was also found, during an operation at Chinartu, to have directed members of the Afghan partner forces to shoot a man following the discovery of a cache of weapons. Roberts-Smith continues to deny the allegations and in a statement on Friday said: 'Sunlight is said to be the best disinfectant, and I believe one day soon the truth will prevail.' Roberts-Smith says he will appeal to the High Court. NewsWire/Max Mason-Hubers. Credit: News Corp Australia Roberts-Smith's lawyers had argued that Justice Besanko had failed to take into consideration the 'Briginshaw principle', which dictates that serious allegations should be treated cautiously when a court makes findings. 'We reject this argument,' the Full Court of the Federal Court found. 'The primary judge discussed the relevant principles at length in the early part of his reasons and repeatedly reminded himself of them.' It found that Justice Besanko repeatedly mentioned in his judgment the important legal principles of the presumption of innocence and the seriousness of the findings that he had to make. More to come
The Age
18-05-2025
- Politics
- The Age
War Memorial to update Roberts-Smith panels but display will remain
The Australian War Memorial will update the text accompanying its displays about Ben Roberts-Smith after the former soldier lost his bid to overturn a landmark decision that found he committed war crimes in Afghanistan. But a sensitive debate over how the institution acknowledges the behaviour of some Australian special forces soldiers in Afghanistan will continue, with Roberts-Smith seeking to challenge Friday's judgment – which upheld the findings of the original defamation trial – in the High Court. The Full Court of the Federal Court unanimously dismissed Roberts-Smith's appeal on Friday, saying there was sufficient evidence to support findings that the decorated soldier was complicit in the murder of four unarmed prisoners while deployed in Afghanistan between 2009 and 2012. The allegations were first reported by this masthead. Australian War Memorial chair Kim Beazley said the organisation was still discussing its approach to displays featuring Roberts-Smith. 'But wording will be altered to reflect the decision,' he said on Sunday. Prime Minister Anthony Albanese did not weigh in when asked whether the Australian War Memorial should remove references to Roberts-Smith given the court outcome. 'I have no comments on those matters. I know there's been legal matters taking place between various media organisations. I haven't commented before and I won't comment after,' he said on Sunday. Roberts-Smith's uniform is displayed at the entrance of the Hall of Valour in the upgraded Australian War Memorial, which is still undergoing renovations and set to fully reopen in 2028. The text panel next to it introduces Roberts-Smith as a two-metre tall 'imposing figure on the battlefield' who was deployed to Afghanistan six times. It describes why he was awarded the Victoria Cross and says he is 'Australia's most highly decorated combat soldier from the conflict'.
