Roberts-Smith v Fairfax Media Publications Pty Limited | |
---|---|
Court | Federal Court of Australia |
Decided | 1 June 2023 |
Citation | [2023] FCA 555 |
Case history | |
Subsequent action | Applicant appealed decision |
Ruling | |
The proceedings be dismissed | |
Court membership | |
Judge sitting | Besanko J |
Keywords | |
Defamation |
Roberts-Smith v Fairfax Media Publications Pty Limited was a 2023 decision of the Federal Court of Australia which found that articles written by journalists Nick McKenzie, Chris Masters and David Wroe alleging Victoria Cross for Australia awardee Ben Roberts-Smith committed murder and other war crimes in Afghanistan were not defamatory. Justice Anthony Besanko found, on the balance of probabilities, that the journalists had established the substantial truth or contextual truth of many of the allegations.
The trial ran for 110 days at an estimated cost of AUD25 million. [1]
Despite the finding, Roberts-Smith has not been charged with any criminal offences. [2]
Roberts-Smith has appealed the decision. [3]
Born and raised in Western Australia, Roberts-Smith joined the Australian Army in 1996 when he was eighteen. In 2003 he was posted to the Western Australian-based Special Air Service Regiment (SASR). During his time with the SASR, Roberts-Smith deployed to Afghanistan on six occasions. In 2006 he was awarded the Medal for Gallantry for his actions as a patrol scout and sniper. [4]
Roberts-Smith was awarded the Victoria Cross for Australia in 2011 for his actions during Operation Slipper, the Australian contribution to the War in Afghanistan. The citation for his Victoria Cross states Roberts-Smith initiated an assault on an enemy fortification. During the assault, Roberts-Smith "knowingly and willingly exposed his position in order to draw fire" and later "with total disregard for his own safety ... stormed two enemy machine gun positions killing both machine gun teams." [5]
in 2017, allegations arose claiming SASR personnel in Afghanistan committed of murder and other war crimes. The Inspector General of the Australian Defence Force commissioned an inquiry into the allegation. The subsequent report—commonly known as the Brereton Report —found evidence of multiple unlawful killings by Australian Defence Force personnel between 2009 and 2013. [6]
in 2018, Australian journalists Nick McKenzie, Chris Masters and David Wroe named Roberts-Smith as one of the persons alleged to have committed war crimes in Afghanistan. [7]
The Court found the following inferences regarding Roberts-Smith substantially true. [8]
The Special Air Service Regiment, officially abbreviated SASR though commonly known as the SAS, is a special forces unit of the Australian Army. Formed in 1957 as a company, it was modelled on the British SAS with which it shares the motto, "Who Dares Wins". Expanded to a regiment in August 1964, it is based at Campbell Barracks, in Swanbourne, a suburb of Perth, Western Australia, and is a direct command unit of the Special Operations Command.
The Australian contribution to the war in Afghanistan has been known as Operation Slipper (2001–2014) and Operation Highroad (2015–2021).
Kerry Matthew Stokes is an Australian businessman. He holds business interests in industries including electronic and print media, property, mining and construction equipment. He is most widely known as the chairman of the Seven Network, one of the largest broadcasting corporations in Australia.
Christopher "Chris" Wayne Masters PSM is a multiple Walkley Award–winning and Logie Award–winning Australian journalist and author.
The special forces of the Australian Defence Force are units of Special Operations Command and associated units of the Royal Australian Navy and the Royal Australian Air Force that conduct and or support special operations to advance and protect the national security of the Commonwealth of Australia. The special forces of Australia have a lineage to a variety of units raised in the Second World War such as the Independent and Commando Companies, Z Special Unit, Navy Beach Commandos, and the Coastwatchers. Australian special forces have most recently been deployed to Iraq in Operation Okra as the Special Operations Task Group, as the Special Operations Task Group in Afghanistan, in Afghanistan in support of the Australian Secret Intelligence Service and regularly for counter-terrorism pre-deploy to locations of major domestic events throughout Australia in readiness to support law enforcement such as the 2014 G20 Brisbane summit.
The Victoria Cross for Australia is the highest award in the Australian honours system, superseding the British Victoria Cross for issue to Australians. The Victoria Cross for Australia is the "decoration for according recognition to persons who in the presence of the enemy, perform acts of the most conspicuous gallantry, or daring or pre-eminent acts of valour or self-sacrifice or display extreme devotion to duty".
Mark Gregor Strang Donaldson, is an Australian soldier and a recipient of the Victoria Cross for Australia, the highest award in the Australian honours system. Then Trooper Donaldson was a member of the Special Air Service Regiment (SASR) when he exposed himself to enemy fire to protect injured troops and then rescued an interpreter under heavy enemy fire in the Battle of Khaz Oruzgan during Operation Slipper, the Australian contribution to the War in Afghanistan. He was presented with the decoration by the Governor-General of Australia, Quentin Bryce, in a ceremony in Canberra on 16 January 2009. On 25 January 2010, Donaldson was named the 2010 Young Australian of the Year. He was promoted to corporal in June 2010.
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Benjamin Roberts-Smith is an Australian former soldier who, in a civil defamation trial in 2023 he initiated in the Federal Court of Australia, was found to have committed war crimes in Afghanistan during 2009, 2010 and 2012. An appeal to a Full Court of the Federal Court, comprising three judges, commenced on 5 February 2024.
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