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Search resuls for: "David Rolph"


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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 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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