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Ben Roberts-Smith defamation case reaches the end of the road

Sep 30, 2025
Ben Doherty, Senior Reporter at Guardian Australia and former foreign correspondent, provides deep insights into the Ben Roberts-Smith defamation case. He explains the High Court's dismissal of Roberts-Smith's appeal after ruling he likely committed war crimes. Doherty discusses the implications for journalism and defamation law, emphasizing the victory for investigative reporting despite the challenges. He highlights the bravery of SAS soldiers testifying against a culture of silence and shares the ongoing struggles faced by Afghan victims and their families.
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INSIGHT

End Of A Seven-Year Legal Road

  • The High Court refusal ended a seven-year legal battle against three newspapers.
  • Courts at every level found Roberts-Smith's defamation claims unsuccessful and upheld findings against him.
INSIGHT

Court Found War Crimes Proven

  • Justice Pesanko found, on the balance of probabilities, Roberts-Smith committed multiple murders and was complicit in war crimes.
  • The judgment detailed four specific killings and also found bullying and intimidation of comrades.
INSIGHT

A Win For Investigative Reporting

  • Doherty calls the verdict a victory for investigative journalism and truth.
  • He stresses that thorough, fair reporting can succeed despite heavy legal pressure.
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