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Search resuls for: "Ben Roberts"


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By Lewis JacksonSYDNEY (Reuters) - An Australian court on Monday began hearing the appeal of a decorated war hero, who is fighting a court defamation ruling that found media groups had proven their reports he played a part in the unlawful killings of four Afghans in Afghanistan. He called the reports false and based on claims of failed soldiers who were jealous of his accolades, and sought unspecified damages. The civil court defamation finding required a lower threshold of proof than a criminal court would. Roberts-Smith, 45, whose portrait hangs in the Australian War Memorial, has not been charged with any crimes. The lengthy legal battle has racked up huge costs for Roberts-Smith and his financial backer, Seven West Media chairman Kerry Stokes.
Persons: Lewis Jackson SYDNEY, Ben Roberts, Smith, Roberts, Kerry Stokes, Stokes, Lewis Jackson, Alasdair Pal, Michael Perry Organizations: Former SAS, Victoria Cross, Nine Entertainment, Australian, Roberts, Seven West Media, Sydney Morning Herald Locations: Afghanistan
But a Federal Court judge ruled on June 1 that the newspapers had proven most of their allegations. read moreRoberts-Smith filed an appeal on July 11, the court said in a website post, without providing any further details. "We believe the Federal Court's judgment is comprehensive and categorical," Chessell said in a statement." "It's a terrible outcome and it's the incorrect outcome," he was quoted telling Nine's television arm. "We will look at (the judgement) and consider whether or not we need to file an appeal," he said at the time.
Persons: Ben Roberts, Smith, Roberts, James Chessell, Chessell, Byron Kaye, Robert Birsel Organizations: SYDNEY, SAS, Victoria Cross, Nine Entertainment, Reuters, Thomson Locations: Afghanistan
An Australian federal court judge on June 1 dismissed Roberts-Smith's defamation case against three newspapers for articles accusing him of violating the rules of engagement and killing unarmed Afghans. In his ruling the judge said the newspapers had proven substantial truth in their reporting. read more"I'm devastated with the result, it's a terrible outcome and it's the incorrect outcome," Roberts-Smith told television network Nine Entertainment (NEC.AX) at Perth Airport baggage claim late on Wednesday. Asked if he remained proud of his actions in Afghanistan, Roberts-Smith replied "of course I am." Roberts-Smith, 44, whose portrait hangs in the Australian War Memorial, has not been charged with any crimes.
Persons: Ben Roberts, Smith, Roberts, Byron Kaye, Michael Perry Organizations: SYDNEY, Victoria, Special Air Service, Nine Entertainment, Australian, Thomson Locations: Afghanistan, Australian, Bali , Indonesia, New Zealand, Australia
Roberts-Smith, who quit his television excutive job on Friday, has not been charged with any offences. Australian civil courts require a lower threshold to prove accusations than criminal courts do. A four-year investigation known as the Brereton report found in 2020 that Australian special forces had allegedly killed 39 unarmed prisoners and civilians in Afghanistan. Kim Beazley, chair of the Australian War Memorial and a former defence minister, said the memorial in the national capital Canberra - where Roberts-Smith's uniform, medals and portrait are displayed - helps Australians to understand the conduct and consequences of war. Greens Senator David Shoebridge had earlier called for Roberts-Smith's uniform and medals to be removed from the memorial.
Persons: Ben Roberts, Smith, Roberts, Anthony Albanese, Brereton, Albanese, Chris Moraitis, Kim Beazley, David Shoebridge, Kirsty Needham, Byron Kaye Organizations: SYDNEY, Victoria Cross, Australian Federal Police, Special Forces, Australian, Canberra, Greens, U.S, Thomson Locations: Afghanistan, Australia, Sydney
In some cases, he found the papers established contextual truth, which is also a defense under Australia’s Defamation Act. “Today is a day of some small justice for the Afghan victims of Ben Roberts-Smith,” said McKenzie. Ali Jan was a husband … He was kicked off a cliff by Ben Roberts-Smith, and he was murdered with Ben Roberts-Smith’s participation. Claims of violent acts committed by elite troops were echoed in the Brereton Report, a four-year investigation into the alleged war crimes in Afghanistan released in November 2020. The responsibility for these atrocities does not end with Ben Roberts-Smith,” he said.
Persons: Australia CNN —, solider, , Anthony Besanko, Besanko, Ben Roberts, Smith, Roberts, , James Chessell, newsrooms, ” Chessell, Peter Bartlett, MinterEllison, , Nick McKenzie, Chris Masters, McKenzie, “ Ali Jan, Ali Jan, , ” Besanko, Angus Campbell, Campbell “, unreservedly ”, It’s Organizations: Australia CNN, Federal Court, Sydney Morning Herald, Canberra Times, Australia’s, Cross, SAS, Nine, CNN, Australian, Australian Defence Force Locations: Brisbane, Australia, Afghanistan, Bali , Indonesia, Sydney,
The case had been called Australia’s trial of the century. And though it centered on a claim of defamation, it grappled with a more consequential question: Was the country’s most decorated living soldier a war criminal? The judgment was a rare victory for the news media in a country whose notoriously harsh defamation laws have been criticized for favoring accusers. “Australia has a reputation for being very plaintiff friendly,” said David Rolph, a professor of media law at the University of Sydney. “Here we’ve got a comprehensive victory for the newspapers — that’s not something that you see in every defamation case in Australia.”
Persons: Ben Roberts, Smith, Roberts, , David Rolph, we’ve Organizations: , University of Sydney Locations: Australia, Afghanistan, “ Australia
The ruling marks a win for media outlets seeking greater accountability for Australia's military, typically bound by confidentiality. A 2020 report found credible evidence that members of Australia's Special Air Service Regiment (SAS) killed dozens of unarmed prisoners in the lengthy Afghan war. Roberts-Smith sued the papers for portraying him as someone who "broke the moral and legal rules of military engagement". The papers had reported that Roberts-Smith pressured a lower-ranking Australian soldier to execute an elderly, unarmed Afghan to "blood the rookie", said Judge Besanko, adding they proved that account true. "This case is an important reminder that we need courageous public interest journalism to help us get there."
Persons: Ben Roberts, Smith, Anthony Besanko, Roberts, Judge Besanko, James Chessell, Chessell, Arthur Moses, Besanko, inadvertentely, Fiona Nelson, Byron Kaye, Shri Navaratnam, Michael Perry Organizations: SYDNEY, SAS, Australia's Special Air Service Regiment, China, Victoria Cross, Australian, Sydney Morning Herald, Canberra Times, Nine Entertainment Co, Australian Centre for International, Thomson Locations: Sydney, Afghanistan, Afghan, Australian, Australia
The accusations are at the heart of Australia's costliest and second longest-running defamation lawsuit for which a judgement is scheduled on Thursday. Legal experts say that while the civil hearing focused on reputational damage brought by a series of 2018 articles, it effectively played out as the country's first war crimes trial. No soldiers were named in the redacted report but about two dozen current and former Australian soldiers were referred for potential criminal prosecution. Roberts-Smith, one of just 101 soldiers to receive the Victoria Cross, sued the newspapers in 2020, saying they falsely accused him of being complicit in war crimes. He seeks compensatory damages, aggravated damages and damages for future economic loss, although his lawyers did not give a total amount sought.
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