Former defence minister Brendan Nelson backs ‘revered’ Ben Roberts-Smith

Former federal defence minister Brendan Nelson has described Ben Roberts-Smith as “the most respected, admired and revered” Australian soldier in more than half a century and accused the media outlets at the centre of the war veteran’s Federal Court defamation case of trying to tarnish his good reputation.

Giving reputation evidence, Dr Nelson, a former director of the Australian War Memorial, said he had become “very concerned” about Mr Roberts-Smith’s mental health in the wake of a series of articles starting in June 2018. The newspapers “seemed to be intent on bringing him down,” and the former soldier had become despondent, anxious and introspective, Dr Nelson told the court in Sydney on Monday.

Australian War Memorial director Brendan Nelson and Victoria Cross recipient Ben Roberts-Smith in 2013.Credit: Katherine Griffiths

The former Liberal minister was giving evidence on the 15th day of Mr Roberts-Smith’s defamation trial against The Age and The Sydney Morning Herald over articles that he says accuse him of war crimes, and an act of domestic violence against a woman with whom he had an extramarital affair. Mr Roberts-Smith, a former Special Air Service (SAS) soldier, denies all wrongdoing. The newspapers are seeking to rely chiefly on a defence of truth, but also say the soldier is not identified in some of the articles.

An at-times emotional Dr Nelson said, “I’ll try not to get angry about this” as he recounted a media conference in 2018 about an exhibition on First Nations Australians’ military service at which there was “not one single question” on that topic but a string of questions about Mr Roberts-Smith. He was asked if he regretted his support for Mr Roberts-Smith and if the former soldier should have his Victoria Cross removed.

“It has been devastating, the impact on him,” Dr Nelson said. He added he was cautioned by a very senior public figure, “not the prime minister”, seemingly about his public association with Mr Roberts-Smith.

Dr Nelson said he recognised Mr Roberts-Smith “immediately” in two stories in June 2018 referring to a soldier dubbed “Leonidas”. The articles referred to tattoos and a “fearsome warrior”, Dr Nelson said, and it was clear to him this was a reference to the two-metre-tall Mr Roberts-Smith, a “tall, imposing, warrior-like figure” who has a number of tattoos.

Ben Roberts-Smith arrives at the Federal Court in Sydney on Friday. Credit: Dominic Lorrimer

Prior to the articles, Mr Roberts-Smith was “the most respected, admired and revered Australian soldier in more than half a century, since Keith Payne, VC, of the Vietnam War”, he said.

Dr Nelson recalled that “wherever he went ... he was the subject and the object of what I would describe as reverential mobs”, and he witnessed people at the War Memorial “fall into his arms” describing their experiences.

He said he was “certainly unaware of any such behaviour” when asked about the allegation of domestic violence, which has been vehemently denied by Mr Roberts-Smith.

Dr Parbodh Gogna, formerly chief medical officer and surgeon-general of the Department of Home Affairs and Australian Border Force in Canberra, said via audiovisual link from the Bahamas that there was a “large cloud” hanging over his friend Mr Roberts-Smith since the articles and he had become withdrawn and apprehensive.

During re-examination by his own barrister on Monday, Mr Roberts-Smith said he “didn’t ask for any of my medals nor did I expect any recognition” for doing his job, and it was “disgraceful” of the newspapers to challenge the basis for his Victoria Cross in court.

Mr Roberts-Smith has taken leave during the trial from his position as general manager of media company Seven Queensland. His employer, Seven West Media chairman Kerry Stokes, is chairman of the Australian War Memorial and is funding the defamation case.

The Federal Court streamed the trial online on Monday after the NSW government imposed a two-week lockdown in greater Sydney on Saturday following a growing cluster of COVID-19 cases linked to Bondi. The parties and their lawyers remained in court.

Barrister Nicholas Owens, SC, for the media outlets, said the “bottom line ... with much regret”, was the proceedings would probably need to be halted temporarily within days because most witnesses to be called by the newspapers would be affected by hard border closures or quarantine restrictions in their home states.

“As soon as things are open again, we’re ready to go,” Mr Owens said

“This case is bedevilled by the virus,” Mr Roberts-Smith’s barrister, Bruce McClintock, SC, said.

Justice Anthony Besanko will make a decision about the timetabling of the trial on Tuesday.