Ben Roberts-Smith: Nine ‘was intent on destroying war hero’

Ex-Liberal politician Brendan Nelson has attacked the journalists at the centre of his defamation case against Nine as being ‘intent on bringing him down’.

Brendan Nelson arrives at Federal Court on Monday to give evidence. Picture: Nikki Short

Former Liberal defence minister Brendan Nelson has told the Federal Court Ben Roberts-Smith was admired by “reverential mobs” who would “fall into his arms” upon meeting him, lambasting the journalists at the centre of the decorated veteran’s defamation case against Nine as being “intent on bringing him down”.

On Monday, the court also heard that the high-stakes defamation battle between the Victoria Cross recipient and Nine newspapers is at risk of being temporarily paused, as the warring parties grapple with the “terrible quandary” caused by Sydney’s Covid-19 lockdown on the availability of interstate witnesses.

Barrister Bruce McClintock, SC, for Mr Roberts-Smith, led Dr Nelson, who appeared as a reputation witness for the war hero, through questions about his reaction to articles published in 2018 that alleged a former special forces soldier – given the pseudonym Leonidas – committed war crimes in Afghanistan.

On the 15th day of the defamation hearing, Dr Nelson said the first article described Leonidas as a “tall, imposing” person with a “warrior-like figure”. While Mr Roberts-Smith was not named, he alleges he was identifiable as Leonidas because of references to his Spartan tattoo, tall stature and Victoria Cross.

Ben Roberts-Smith arrives at Federal Court on Monday. Picture: NCA NewsWire/Nikki Short

“It’s clear who it is,” Dr Nelson said. “The article, by the way, refers to two SAS individuals being recipients of the Victoria Cross. The other one, Mark Donaldson … would not ever be so described as Leonidas.”

The former opposition leader said the general public idolised Mr Roberts-Smith, who was the most “revered” soldier “in more than half a century – since Keith Payne VC in the Vietnam War”.

“Wherever (he) went, he was the object of reverential mobs. Men and women would want to be with him, shake his hand and have their photographs taken with him,” Dr Nelson told the court. “On some occasions I saw people fall into his arms as they described their experiences.”

Dr Nelson was the long-serving director of the Australian War Memorial, the Canberra institution chaired by billionaire Kerry Stokes, whose company is funding Mr Roberts-Smith’s defamation action.

As part of its truth defence, The Sydney Morning Herald, The Age and The Canberra Times allege Mr Roberts-Smith committed or was complicit in six unlawful killings in Afghanistan. He denies the allegations and says the reports portray him as a war criminal.

Mr Roberts-Smith is also suing over reports alleging he assaulted a woman – a key witness in the defamation case – at a Canberra hotel in March 2018.

Under re-examination by Mr McClintock on Monday, the war veteran was asked to respond to a text message sent by the woman after the alleged assault.

“Please don’t punish me I’m ­already hurting physically and mentally. I know it’s my fault, I hate that I can’t change what happened. I really need to know what you’re thinking and where we stand,” the message read.

Mr Roberts-Smith said Nine’s barrister, Nicholas Owens, SC, had “omitted” the text message during cross-examination last week because the media company was seeking to portray him as a person who had concocted a “story to cover some act of violence that didn’t happen. It’s extremely disappointing,” he said.

He also rejected as “utterly reprehensible” a suggestion that he and his slain comrade sergeant Matthew Locke had murdered an unarmed Afghan teenager.

Mr Roberts-Smith said Nine had also challenged the reputation of “my good friend” and a “dead Australian soldier” who cannot “fight for himself”.

Mr McClintock said a two-week Covid-19 lockdown in Greater Sydney presented a “terrible quandary” and risked derailing the 10-week hearing.

Mr Owens said Nine would likely request an adjournment because most of the media company’s witnesses live interstate.

Judge Anthony Besanko will make a decision about the length of an adjournment on Tuesday.