Australian war hero appeals defamation ruling on reports he was complicit in Afghan unlawful killings (updated)

Nine Entertainment Holdings

05/02/2024 04:18

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    By Lewis Jackson
       SYDNEY, Feb 5 (Reuters) - An Australian court on Monday
began hearing the appeal of a decorated war hero, who is
fighting a court defamation ruling that found media groups had
proven their reports he played a part in the unlawful killings
of four Afghans in Afghanistan.
    Former SAS corporal Ben Roberts-Smith, who won Australia's
highest military honour the Victoria Cross for his actions in
Afghanistan, had sued three Nine Entertainment  NEC.AX 
newspapers and their journalists over articles that accused him
of killing unarmed Afghan civilians outside the rules of war.
    He called the reports false and based on claims of failed
soldiers who were jealous of his accolades, and sought
unspecified damages.
    But a Federal Court judge ruled in June that the newspapers
had proven most of their allegations.
    The civil court defamation finding required a lower
threshold of proof than a criminal court would. Roberts-Smith,
45, whose portrait hangs in the Australian War Memorial, has not
been charged with any crimes. 
    He filed an appeal in July, which is being contested by the
three Nine-owned newspapers. The 10-day hearing is scheduled to
run until Feb 16.
    The appeal will argue the first judge "erred" in his
findings and will raise issues including the reliability of
several witnesses.
        Roberts-Smith declined to comment via his lawyers. 
    Roberts-Smith has previously called the civil court judgment
against him as a "terrible outcome" and said he remains proud of
his actions in Afghanistan.
    Nine Entertainment has previously said the court's initial
judgment is "comprehensive and categorical".
    The lengthy legal battle has racked up huge costs for
Roberts-Smith and his financial backer, Seven West Media
 SWM.AX  chairman Kerry Stokes.
    The Sydney Morning Herald reported Stokes in December agreed
to pay legal costs for two of the newspapers involved, estimated
at A$16 million ($10 million).
    One of the orders sought in the appeal is for all costs in
the initial trial and appeal to be paid by the newspapers being
sued, according to court documents.
    ($1 = 1.5399 Australian dollars)

 (Reporting by Lewis Jackson; Editing by Alasdair Pal and
Michael Perry)
 ((lewis.jackson@thomsonreuters.com; +61477406822; Reuters
Messaging: @lewjackk))