A judge has published his reasons for tossing Ben Roberts-Smith’s defamation lawsuits over publications accusing him of war crimes, saying the former SAS corporal was not “honest and reliable”.
Former SAS corporal Ben Roberts-Smith has lost his defamation case against Nine-owned Fairfax, with a judge finding Thursday it was true that Australia’s most decorated soldier committed civilian murders in Afghanistan.
The judge overseeing defamation cases brought by accused war criminal Ben Roberts-Smith will deliver his long-awaited findings next week, ruling on whether allegations of civilian murder in Afghanistan against the country’s most decorated living soldier are substantially true.
Former Army major Heston Russell has panned the ABC’s argument that it is not liable to pay damages in his defamation case because he identified himself and was given an opportunity to respond to stories that suggested he was involved in murdering an Afghan prisoner.
The ABC has dropped its truth defence to former Army major Heston Russell’s claims that he was defamed by two articles that suggested that he was involved in murdering an Afghan prisoner.
Nine has won more time to file its evidence in advance of a six-week trial in defamation proceedings by surgeon Dr Munjed Al Muderis, despite a judge noting its “under-resourcing” of the matter, which the court heard could involve the broadcaster calling up to 40 witnesses.
Facing defamation claims by well-known surgeon Dr Munjed Al Muderis, Nine will call at least 27 witnesses and argue for the public interest of its coverage of allegations by patients of inadequate post-surgery care, a court has heard.
A judge has found that the ABC defamed ex-commando Heston Russell by implying he was involved in murdering an Afghan prisoner, but he rejected claims that the broadcaster’s coverage implied he was actively responsible as the shooter.
A judge has raised doubts about ex-commando Heston Russell’s barrister’s claims that it “screamed from the page” of an allegedly defamatory ABC article that her client committed war crimes.
A former special forces commander who has sued the Australian Broadcasting Corporation over stories that allegedly imply he committed war crimes in Afghanistan is seeking to throw out the broadcaster’s truth defence, a court has heard.