Nine claims emphatic win, vindication for SAS soldiers
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More news: Nine Entertainment, publisher of The Sydney Morning Herald and The Age, has declared the Federal Court’s decision an “emphatic win” for the company and vindication for the soldiers who spoke out.
In a statement, Nine’s managing director of publishing Tory Maguire said the decision proved true a series of 2018 investigative reports by journalists Nick McKenzie and Chris Masters published in the Herald and Age that included allegations of war crimes.
She said the court did not accept there was any breach of legal privilege by McKenzie, who she described as an outstanding journalist who has the respect of his editors and colleagues across the country.
What they said: “Today’s decision is vindication for the brave soldiers of the Australian Defence Force's SAS Regiment [SASR]. These men are proud Australians who served their country with distinction and demonstrated courage by boldly speaking the truth about what happened in Afghanistan. This is a win for them and the values they represent,” Maguire said in a statement.
“Today is also a great day for investigative journalism and underscores why it remains highly valued by the Australian people. Nine has unswervingly backed our reporters and editors throughout this matter, reinforcing our longstanding commitment to quality journalism in the public interest.”
McKenzie, in a statement, also described the finding as an emphatic result. He called on Australian authorities to pursue criminal proceedings.
“I want to pay tribute and express my deep gratitude to the brave SASR soldiers who not only fought for their country in Afghanistan but fought for the Australian public to learn the truth: that Ben Roberts-Smith is a war criminal,” McKenzie said.
“I also want to acknowledge the victims of Roberts-Smith, including the Afghan children and women who have lost their fathers and husbands who were murdered on the directions of Roberts-Smith.
“I am grateful that the full bench of the Federal Court has now scrutinised our journalism and the brave testimony of SASR soldiers and vindicated our efforts to tell the Australian public the truth.
“Finally, it should not be left to journalists and brave soldiers to stand up to a war criminal. Australian authorities must hold Ben Roberts-Smith accountable before our criminal justice system.”
Ben Roberts-Smith loses appeal against defamation loss
The news: Ben Roberts-Smith has lost his appeal against a court decision that Nine newspapers did not defame the former SAS corporal and Victoria Cross recipient when he was characterised as a war criminal in a series of reports.
The context: The unanimous decision was read by Justice Nye Perram, who served with Geoffrey Kennett and Anna Katzmann at a Full Court showing at the New South Wales Federal Court on Friday morning.
In 2018, Nine newspapers published several stories about Roberts-Smith’s conduct while deployed in Afghanistan, including allegations he had committed war crimes.
Claims by Roberts-Smith that this amounted to defamation were dismissed by the Federal Court in June 2023, with Justice Anthony Besanko finding that four murder allegations were proven.
Roberts-Smith’s appeal of the decision was heard over 10 days in February last year. He has maintained his innocence throughout the process.
The sources: Federal Court, Nine Entertainment statement
