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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
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 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
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