Ben Roberts-Smith defamation case dismissed in Federal Court | 7.30

Summary

Australian SAS veteran Ben Robert Smith's reputation is shattered as he loses a high-stakes defamation case against three newspapers, with allegations of war crimes and unlawful killings in Afghanistan substantiated. The case, involving significant legal fees and a breach of military code, has profound implications for Smith's standing and raises questions about criminal prosecution. Journalists Nick McKenzie and Chris Masters' investigative reporting is vindicated, highlighting the moral courage of SAS soldiers who testified against Smith.

Takeaways

• 🏆 Ben Robert Smith, a veteran of the Australian Defense Force and a recipient of the Victoria Cross, has lost a high-stakes defamation case against three newspapers.
• 📰 The newspapers involved in the case are The Age, the Sydney Morning Herald, and The Canberra Times, which alleged that Smith was involved in unlawful killings and assaults of Afghan prisoners.
• 🤑 The legal fees for this case are reported to be around 25 million dollars, highlighting the extraordinary scale and cost of the legal battle.
• 🏁 Justice Anthony Basenko ruled in favor of the publications, stating that they had proven their allegations to be substantially true, leading to the dismissal of the case.
• 🗣️ The case has been described as one of the most significant in Australian history due to the severity of the allegations and the public interest involved.
• 🔍 The trial involved over 100 days of hearings and evidence from both current and former SAS members, some of whom broke the traditional code of silence to testify.
• 😢 The script mentions Ali Jan, an Afghan civilian who was allegedly kicked off a cliff by Smith and subsequently executed, emphasizing the human cost of the alleged crimes.
• 🏝️ On the day of judgment, Smith was reportedly absent, holidaying in Bali, leaving his legal team to face the media.
• 💼 Media mogul Kerry Stokes, who funded Smith's legal battle, expressed disappointment in the outcome, stating it did not align with the man he knew.
• 📈 The case is seen as a significant win for the media, which often struggles in defamation cases, and raises questions about the future of Smith's military honors.
• 🚨 The full judgment is not immediately public due to national security concerns, but it is expected to be released soon, and Smith may face criminal prosecution.

Q & A

Who is Ben Robert Smith and what is his background?

Ben Robert Smith is a veteran of the Australian Defense Force who served in East Timor and Afghanistan with the SAS. In 2011, he was declared a war hero and received the Victoria Cross, the military's highest honor for bravery.

What is the nature of the allegations against Ben Robert Smith?

Ben Robert Smith was accused of being involved in the unlawful killing and assault of unarmed Afghan prisoners, which shook the Defense Force to its core.

What was the outcome of the legal case against the newspapers?

Ben Robert Smith lost his case against the newspapers, with Justice Anthony Basenko ruling that the publications had been able to prove substantially true that Smith was involved in the alleged war crimes.

What was the significance of the case in terms of its scale and legal fees?

The case was extraordinary in scale, with legal fees reportedly running around 25 million dollars, indicating the high stakes involved.

Why was the full judgment not made public immediately?

The full judgment was not made public immediately because the Commonwealth succeeded in delaying its release for national security reasons.

What was the role of media mogul Kerry Stokes in this case?

Kerry Stokes financially supported Ben Robert Smith's legal case. He expressed disappointment with the judgment, stating that it did not align with the man he knew.

What does the outcome of the case mean for Ben Robert Smith's reputation and future?

The outcome of the case has tarnished Ben Robert Smith's reputation, as he has been found to be a liar and potentially involved in war crimes. He may also face criminal prosecution.

How did the case affect the journalists involved, particularly Nick McKenzie?

The case was extremely stressful for the journalists involved, with high stakes for their reputations. Nick McKenzie, in particular, felt the pressure of defending his reporting.

What was the impact of the case on the Australian media landscape?

The case highlighted the challenges faced by investigative journalism in Australia, particularly regarding defamation laws and the financial risks of pursuing such cases.

What are the implications of the case for the Australian Defense Force and its soldiers?

The case brought to light allegations of war crimes committed by a decorated soldier, raising questions about the conduct of Australian soldiers and the need for accountability within the Defense Force.

What is the potential next step following the civil court's findings?

Following the civil court's findings, there may be further investigations by the office of special investigations and federal police, possibly leading to criminal charges if there is enough evidence.