Justice Anthony Besanko found that Chris Masters and Nick Mackenzies and their publishers were substantially reporting the truth about Ben Roberts-Smith. It is a win for quality investigative journalism, but will we now see criminal charges against the former soldier?
Defending defamation cases in Australia is hard. The law favours the defamed, the truth defence a high bar to hurdle. Especially when the litigant is backed by a billionaire. The court has yet to decide on who will pay for it all, and, of course, Roberts-Smith may well appeal. No doubt his chief financial backer, Kerry Stokes, will have a say in that decision.
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Two and a half years ago, the Brereton Inquiry reported on a series of incidents of alleged war crimes by Australian soldiers in Afghanistan. It found that a total of 39 individuals were killed and a further 2 individuals were treated cruelly. In total, 25 current or former ADF personnel were identified as alleged perpetrators- either as principals or accessories. The report didn’t name anyone, but in the aftermath we know that 17 lower ranked soldiers were “issued termination notices for ‘alleged failure to meet ADF expectations and values’.”
None of those were actually dismissed, and no officers have yet to be held accountable.
So far, only one soldier has been subject to criminal charges, announced in March this year. The alleged murder happened over ten years ago. The Taliban is back in charge in Afghanistan, and are unlikely to be much help with evidence gathering.
A defamation case is a civil, not a criminal case. Ben Roberts-Smith remains a free man, albeit with his reputation shattered. And the Australian Defence Force seems more intent on protecting its own and keep their medals, than to prosecute potential war criminals within its own ranks.
Initiated four years after the alleged crimes, four years in the making, and another two and a half years later, a most damning report of heinous crimes has led to no sanctions of any consequence for those in charge. That’s the scam that makes a sham out of the ADF leadership.
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Kim Wingerei is a businessman turned writer and commentator. He is passionate about free speech, human rights, democracy and the politics of change. Originally from Norway, Kim has lived in Australia for 30 years. Author of ‘Why Democracy is Broken – A Blueprint for Change’.