Jim Molan versus the Greens on ‘war criminal’ slur

Jim Molan is considering legal action against Adam Bandt unless he apologises for suggesting the decorated army chief could be prosecuted for war crimes.

New Liberal Party senator Jim Molan in his Canberra office. Picture: Kym Smith

New Liberal Party senator Jim Molan is considering defamation action against Adam Bandt unless the Greens MP apologises for suggesting the decorated army chief could be a war criminal.

Senator Molan yesterday told The Australian he had been approached by financial backers and lawyers who would support legal proceedings against Mr Bandt.

The Greens MP said yesterday the former army general would “probably be up for prosecution” if there was an independent review into his actions in the Iraq War.

Senator Molan, who had a decorated 40-year military career and was the chief of operations for the US-led coalition forces in Iraq, said he wanted an apology from Mr Bandt or he would consider pursuing him in court.

“I would invite Mr Bandt to offer me a public apology,” Senator Molan said.

“If he publicly apologised to me for the statements that he made, then that would end the problem.”

In an interview criticised by Bill Shorten and former prime minister Tony Abbott, Mr Bandt called Senator Molan a “coward” for failing to speak out against the far-right group British First after sharing two of its social media posts showing Muslims involved in violence.

Mr Bandt echoed Greens leader Richard Di Natale’s claim in the Senate on Monday that Senator Molan had committed war atrocities in the battle of Fallujah. He made the comments outside parliament, meaning he is not protected from defamation. “When you share white supremacist videos and then you justify it by saying ‘Oh, I’m doing it to stimulate debate’, and that is the line that came out of his office, you are a coward, you are a complete coward,” Mr Bandt told Sky News.

“Jim Molan is standing up saying he ran the war in Iraq and therefore we shouldn’t judge him on that basis; well I tell you what, if there was a proper inquiry, an independent inquiry into the war in Iraq in Australia, like there has been in other countries, I think you would find Jim Molan would probably be up for prosecution rather than praise for his role in the atrocities in Fallujah.”

Senator Molan said the British First group was “scum” but he did not know who they were when he shared the posts a year ago. He said he shared the videos to highlight what violence was like in dislocated societies.

US President Donald Trump last year apologised for sharing British First social media posts but Senator Molan has refused to say sorry.

The Opposition Leader condemned Mr Bandt’s comments yesterday, while Malcolm Turnbull defended the former army general and labelled the attacks against him as “disgraceful”.

“(He was) a great Australian soldier who has defended and fought for the values and the freedoms we enjoy in this parliament,” the Prime Minister said in question time.

Mr Shorten, who this week accused Senator Molan of sharing “racist and bigoted material”, said he “completely” disagreed with Mr Bandt’s accusations. “Senator Molan’s decision to share crazy hate videos was, at the very least, a severe error of judgment but it does not justify this kind of stupid over-reaction.”

Labor’s candidate in Batman, Ged Kearney, and Labor left heavyweight Anthony Albanese declined to comment yesterday.

Media lawyer Justin Quill said Mr Bandt could be vulnerable in a defamation case. “Mr Bandt has a reasonable opinion defence to the coward comment, although it’s certainly not absolute,” said Mr Quill, who advises The Australian.

“In relation to the war criminal comment, he may have to try and prove Mr Molan is a war criminal in order to defend the matter.

“If I was advising Mr Bandt, I would say he is in a bit of trouble, because although he only said Mr Molan could be ‘up for prosecution for war crimes’ and didn’t say he was ‘guilty of war crimes’, the average punter will take that to mean that Mr Molan is guilty of war crimes.”

Senator Molan said Mr Bandt would “have to substantiate” his claim that he breached inter­national law. “He would have to produce reports that are credible and he would have to link me to the actions,” Senator Molan said.