Blasted speech as war hero’s lawyer says in defamation lawsuit of Ben Roberts-Smith that media ‘destroyed reputation of courageous digger’
- Trial hears Ben Roberts-Smith’s reputation was destroyed by media campaign
- His lawyer Arthur Moses – Gladys Berejiklian’s partner – delivered the closing speech.
- ‘The allegations of (war crimes) are baseless and should not have been continued’
- The so-called defamation lawsuit of the century is entering its last days
Ben Roberts-Smith’s reputation as an extraordinary, decent and courageous soldier was destroyed by a relentless media campaign alleging that he was a war criminal, a judge has been told.
War veteran’s barrister Arthur Moses SC began closing his federal court case on Monday, more than 100 days after opening proceedings against journalists and three mastheads.
Mr. Roberts-Smith is suing The Age, The Sydney The Morning Herald and The Canberra Times reported in 2018 that he committed war crime In Afghanistan including murder, and acts of bullying and domestic violence.
The 43-year-old denies all claims of wrongdoing, while Masthead is defending him.
Ben Roberts-Smith during a workout in Sydney’s Inner East earlier this year. His defamation ‘trial of the century’ is drawing to a close
Mr Moses focused Justice Anthony Besanco’s oft-repeated trial or proxy war crimes trial of the century in three publications dated June 9, 10 and 11 August 2018.
“After those articles were published respondents have continued a campaign against Mr. Roberts-Smith, including allegations of murder in the case,” Mr. Moses said.
He is seeking increased damages due to allegations of six murders committed in either Afghanistan between 2006 and 2012.
Mr. Moses dismissed an allegation of shooting a 13 or 14-year-old boy as unfair.
The allegation is baseless and should not have been sustained. It was likely continued to harm Mr Roberts-Smith with the aid of other charges leveled in the case,’ Mr Moses said.
‘This case is not about the way home to victory as the respondents describe their case one at a time.
‘Rather it is about defendants using the procedures of this court to charge murder, which will have both national and international consequences for the applicant and other members of the Australian Defense Force whom they have charged with murder. ‘
Arthur Moses – a prominent barrister and lover of former NSW Premier Gladys Berejiklian – addressed the court on Monday
The most decorated Australian soldier was a ‘man of courage, skill and decency and a high reputation for soldiering, and had destroyed that reputation’.
His bravery was awarded the prestigious and rare Victoria Cross, and as a result he had an unexpected ‘target’ on his back.
Mr Moses takes aim at Sydney Morning Herald and The Age journalist Nick Mackenzie
Mr Moses said journalists Chris Masters and Nick McKenzie based their sensationalist publications on rumours, rumours and contradictory accounts, attended by jealous and obsessive former associates, including politician and former SAS officer Andrew Hesty.
The barrister denied the lawsuit was an attack on the freedom of the press or the right of Australians to know information in the public interest, but said such serious allegations must be proved beyond reasonable doubt.
‘It’s not good enough to point to the evidence and say we’re almost there.’
Closing submissions from both sides are expected to last for eight days.
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