Ben Roberts-Smith appeals major defamation loss
Disgraced soldier Ben Roberts-Smith has launched an appeal of the judgment in his failed defamation action against The Sydney Morning Herald, The Age and The Canberra Times, which ruled he is a war criminal, murderer and a bully.
Justice Anthony Besanko’s decision last month found the newspapers had proven Mr Roberts-Smith broke the rules of war and disgraced his country and the army by his conduct in Afghanistan. Mr Roberts-Smith did not attend court when the judgment was handed down in Sydney last month, and was photographed holidaying in Bali.
Ben Roberts-Smith at Perth Airport last month. WAtoday
On Tuesday, Mr Roberts-Smith filed a notice of appeal in the Federal Court. Billionaire Kerry Stokes funded Mr Roberts-Smith’s legal case, and employed him at Seven West Media. Mr Roberts-Smith resigned from Seven the day after Justice Besanko’s ruling.
Nine Entertainment, the owner of the Herald and The Age, is pursuing Mr Stokes’ private company, Australia Capital Equity, for costs, which could top $35 million, after discovering a funding agreement with Mr Roberts-Smith during the legal proceedings.
A spokesman for Mr Stokes was contacted for comment. Mr Roberts-Smith’s legal team was contacted for comment.
Nine managing director of publishing James Chessell said: “We believe the Federal Court’s judgment is comprehensive and categorical. The appeal will be opposed. We will always stand up for journalism that is in the public interest.”
According to the notice, Mr Roberts-Smith is appealing on the grounds that Justice Besanko erred in finding the former soldier ordered executions and murdered Afghans. This includes the finding that he kicked an unarmed Afghan civilian off a cliff in 2012 and ordered his execution, as well
Read more on afr.com
