‘I’m happy to go on’: Brendan Nelson waxes lyrical about SAS soldier

Brendan Nelson knew precisely what gravitas was required of him when called to give evidence for Victoria Cross recipient Ben Roberts-Smith. After all, as a former Defence Minister, former director of the Australian War Memorial, former ambassador to NATO and patron of several veterans’ charities, he knows a thing or two about military matters.

Ben Roberts-Smith and then director of the War Memorial, Dr Brendan Nelson. Credit: ADF

And, barrister Bruce McClintock, SC, asked, was he not also a member of the Order of Australia?

“Privileged to be so and surprised to be so,” Dr Nelson solemnly replied.

Mr Roberts-Smith is suing The Age, the Sydney Morning Herald and The Canberra Times, along with three journalists, for defamation after they published stories that he says made him out to be a war criminal and murderer. The media organisations are defending the action on the basis the stories were true.

Dr Nelson wore a black face mask into the witness stand and took it off uncertainly when assured that would be allowed.

He recalled that, upon being sent several citations for awards for gallantry as Defence Minister in 2006, he had read through the one for Mr Roberts-Smith three times, so struck had he been by the courage that had been exhibited by the SAS soldier.

Dr Nelson was about to recall a particular conversation when Nicholas Owens, SC, representing the media organisations, objected on the basis that a nest of new issues may need to be examined. Mr McClintock did not press the issue. But he asked Dr Nelson whether he maintained contact with Mr Roberts-Smith afterwards.

“No I didn’t and it would not have been appropriate for me to have done so other than in my capacity as Defence Minister, having responsibility for members of the Defence Force.”

Later, however, during his diplomatic posting in Brussels, Dr Nelson said he’d had the privilege of taking Mr Roberts-Smith through Flanders, where 13,500 Australians were buried.

“He subsequently wrote me a card and said that of all of the things he had done on his trip, which included meeting the Queen and receiving the [Victoria] Cross, the most moving and meaningful was the time he spent at Flanders,” Dr Nelson said.

“Ben Roberts-Smith, VC MG, was the most respected, admired and revered Australian soldier in more than half a century since Keith Payne, VC, of the Vietnam War. I’m happy to go on.”

“Please, continue,” Mr McClintock urged.

Then Australian War Memorial director Dr Brendan Nelson with Ben Roberts-Smith in November 2018.Credit: Sitthixay Ditthavong

The court heard how Mr Roberts-Smith had willingly donated his time to events at the Australian War Memorial and helped Dr Nelson encourage young Australians to march on Anzac Day. Wherever Mr Roberts-Smith went, he was set upon by “reverential mobs”, Dr Nelson said.

“Men and women everyday life who would want to be with him, to shake his hand, perhaps to have a photograph. In some cases at the Australian War Memorial, I saw people fall into his arms, very emotionally describing their experiences.”

Dr Nelson’s voice faltered when he recalled the tremor in Mr Roberts-Smith’s voice in recordings for the Australian War Memorial about the human and emotional cost of war.

It rose in indignation when he relayed how the only thing that interested journalists after the stories were published in 2018 was whether he continued to support Mr Roberts-Smith, and nary a question about the exhibition on military service among Aboriginal people that he was promoting for the Australian War Memorial.

“When the cameras had been put away and microphones had been turned off and they had packed up, I went over to these young men...”

But the court never heard what act of loyalty Dr Nelson performed next.

Mr Owens objected again.