Ben Roberts-Smith VC Defamation Trial

Ben Roberts-Smith VC's Defamation trial starts tomorrow in Sydney. He is sueing the Sydney Morning Herald, the Age and the Canberra Times all owned by Nine, an Australian media company, formerly Fairfax media. He is also sueing the ABC. They are all being sued over allegations in a series of articles and programmes in 2018 alleging that he committed war crimes in Afghanistan and assaulted his mistress in Australia. The case is set to last at least 12 weeks with BR-S being backed by Kerry Stokes, the owner of rival Seven media company. Ben Roberts-Smith has put his Victoria Cross as collateral in case he loses in which case Kerry Stokes states he will donate it to the Australian War Memorial.

Ben Roberts-Smith was also awarded the Medal For Gallantry in 2006 in Afghanistan which is equivelent to the Military Cross. This makes him Australia's most decorated living soldier.

For full details please see the link from the Guardian:

The case in courtroom 18D: Ben Roberts-Smith defamation trial

These two links also give a lot of information, although the first is by the Sydney Morning Herald and the second by the ABC, both defendants in the case.

Ben Roberts-Smith trial: Why this decorated soldiers reputation will be on the stand.

Ben Roberts-Smith's defamation trialis high stakes for Defence Department
 
Did I read it correctly that his (now ex) missus backed him when he started the action, but now has jumped ship and is appearing for the defence? If so, I suspect she knows where the literal and figurative bodies are buried....
 
Did I read it correctly that his (now ex) missus backed him when he started the action, but now has jumped ship and is appearing for the defence? If so, I suspect she knows where the literal and figurative bodies are buried....

Or she’s just been offered loads of cash and/or a book deal.
 

Arte_et_Marte

ADC
Moderator
Or she’s just been offered loads of cash and/or a book deal.
Or, dare I say it, she's a bandwagon hopping woman. Probably got some Italian blood in her...

Those giving evidence against him are a woman who flip flops, ex colleagues who have been forced, (subpoeonaed) and the families of the dead afghans. (See the Phil Shiner results for more information about this.) So I reckon he'll do okay.
 
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Or, dare I say it, she's a bandwagon hopping woman. Probably got some Italian blood in her...
Ben Roberts-Smith defamation trial possibly 'contaminated' by estranged wife's email access.

Hell hath no fury like a women scorned. He is sueing her on the grounds that she had access to legally privileged material on his email account when they were together and she was giving evidence for him, which he now alleges she passed to the opposition. Another account I have read said that she has been subpoenaed by Nine's lawyers.
 

Arte_et_Marte

ADC
Moderator
All a bit breathless and littered with populist journo hyperbole, but if you can get through that, not a bad round-up of the background and current situation.

 
Or, dare I say it, she's a bandwagon hopping woman. Probably got some Italian blood in her...

Those giving evidence against him are a woman who flip flops, ex colleagues who have been forced, (subpoeonaed) and the families of the dead afghans. (See the Phil Shiner results for more information about this.) So I reckon he'll do okay.
Re the 'ex colleagues who have been forced', I have read (media, no reference to hand) that some at least are quite willing and one is prepared to stand up in court and admit murder, ie on BRS's orders. We'll see.

What also interests me is that while this circus is ongoing, so also is the investigation into allegations made in the Brereton Enquiry report.
 
Re the 'ex colleagues who have been forced', I have read (media, no reference to hand) that some at least are quite willing and one is prepared to stand up in court and admit murder, ie on BRS's orders. We'll see.so I think he wants

What also interests me is that while this circus is ongoing, so also is the investigation into allegations made in the Brereton Enquiry report.
BRS has a pretty high powered legal team. His barrister is the top defamation barrister in Australia and this is his last case before retirement. The biggest in Australian history so he will want to go out on a high. I pity the witnesses giving evidence against BRS because he will rip them a new one.

In contrast BRS is pretty articulate and the defences barrister, although a top legal eagle is a commercial lawyer and has never conducted any defamation cases.

Its all going to be very interesting. The defence have already withdrawn one allegation of murder before the case began.
 

colinmc400

Old-Salt
Can't quite figure out what the allegations that BRS is boning one of the legal team has to do with it. Is that why his ex jumped ship?
 

Awol

LE
Ben Roberts-Smith VC's Defamation trial starts tomorrow in Sydney. He is sueing the Sydney Morning Herald, the Age and the Canberra Times all owned by Nine, an Australian media company, formerly Fairfax media. He is also sueing the ABC. They are all being sued over allegations in a series of articles and programmes in 2018 alleging that he committed war crimes in Afghanistan and assaulted his mistress in Australia. The case is set to last at least 12 weeks with BR-S being backed by Kerry Stokes, the owner of rival Seven media company. Ben Roberts-Smith has put his Victoria Cross as collateral in case he loses in which case Kerry Stokes states he will donate it to the Australian War Memorial.

Ben Roberts-Smith was also awarded the Medal For Gallantry in 2006 in Afghanistan which is equivelent to the Military Cross. This makes him Australia's most decorated living soldier.

For full details please see the link from the Guardian:

The case in courtroom 18D: Ben Roberts-Smith defamation trial

These two links also give a lot of information, although the first is by the Sydney Morning Herald and the second by the ABC, both defendants in the case.

Ben Roberts-Smith trial: Why this decorated soldiers reputation will be on the stand.

Ben Roberts-Smith's defamation trialis high stakes for Defence Department
Call me dim, but if his legal team have his VC as collateral against possible costs connected with losing the case, how does their plan to donate the medal to the AWM if he loses pay his costs?
 

napier

LE
Moderator
Kit Reviewer
Call me dim, but if his legal team have his VC as collateral against possible costs connected with losing the case, how does their plan to donate the medal to the AWM if he loses pay his costs?
Public perception, not good for lawyers to lose a high profile case, so they write off their losses and offset the damage with an extremely well-publicised PR exercise that moves the news of them losing to that of them making a significant donation.
 

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