Bali photo of Ben Roberts-Smith surprised backer Kerry Stokes
On the day the court bombshell decision was handed down, Ben Roberts-Smith was sunbaking in Bali. Taking even his supporters by surprise.
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Ben Roberts-Smith fronted up to court for every day of his defamation action against Nine Newspapers, but was nowhere to seen when the decision was handed down.
The disgraced war veteran was pictured at a $500-a-night Bali resort on the day of the court bombshell.
But The Australian reports that billionaire Kerry Stokes - who financally aided Mr Roberts-Smith for the defamation action - had no idea he was in Bali for the decision.
Chairman of Seven West Media, Mr Stokes expressed his disappointment at the judgment.
“The judgment does not accord with the man I know. I know this will be particularly hard for Ben, who has always maintained his innocence. That his fellow soldiers have disagreed with each other, this outcome will be the source of additional grief,” he said in a statement.
“I haven’t had a chance to have a discussion with Ben as yet, but I will when he has had a chance to fully absorb the judgment.”
Nine Newspaper lawyers and journalists revelled in their defamation win over Ben Roberts-Smith on Thursday.
The team reportedly commemorated their success with a selection of beverages and Cheezels in the company conference room, reports The Daily Telegraph
Moments after Justice Anthony Besanko delivered the ruling in favour of Nine Newspapers, an enthusiastic member of the Nine camp reportedly wasted no time and dialled a number to place an order for the celebration at their North Sydney headquarters.
The conversation was overheard, revealing the assortment of goods requested.
“One can anticipate three cases of refreshing beer, half a dozen bottles of sauvignon blanc or rosé, half a dozen bottles of bubbly prosecco, and of course, some Cheezels,” the woman reportedly eagerly ordered before informing a colleague that the executive boardroom had been reserved for the occasion.
The once-celebrated war veteran lost his defamation case against Nine newspapers on Thursday.
The 44-year-old did not front the Federal Court as Justice Anthony Besanko found imputations put forward across six articles by The Sydney Morning Herald, The Age and The Canberra Times were found to be substantially true.
The proceedings were officially dismissed, after Justice Besanko found the articles proved some, but not all, of the defamatory imputations, in a major win for the newspapers.
There was silence across the courtroom as Justice Besanko found the decorated veteran was a murderer and a war criminal in his conclusions.
He said the most serious imputations alleged in the articles had been proven and the newspapers had upheld the defence of contextual truth for the remainder.
Justice Besanko found allegations of threats and domestic violence could not be proven, but was “satisfied” the defence made out the defence of contextual truth.
While not every murder allegation was established by the newspapers, the judge found the two key killings had taken place.
Justice Besanko found Mr Roberts-Smith’s actions on the mission to Whiskey 108 on Easter Sunday in 2009 were found to be substantially true, meaning he was found to have allegedly “frog marched” a man with a prosthetic leg out of a secret tunnel at the compound.
He has been found by the court to have shot the man with a machine gun in the back.
As well as being found by the judge to be a murderer, Mr Roberts-Smith was also found in the judgment to have “broken the moral and legal rules of military engagement and is therefore a criminal”.
The judge also found he disgraced his country and the Australian Army through his conduct.
Justice Besanko also found the murder of Ali Jan at Darwan in September 2012 to be substantially true, where Mr Roberts-Smith allegedly kicked the detained shepherd off a cliff while he was handcuffed.
It is alleged Mr Roberts-Smith marched the farmer to stand above the 10-metre-high cliff before kicking him onto a dry riverbed below.
The articles allege the farmer was then dragged to a cornfield and shot by either Mr Roberts-Smith or another soldier called Person 11. The killing was likened to the movie 300 in which a Spartan warrior kicks an enemy into an abyss.
Full judgment yet to come
But the publication of the full reasons for the long-awaited outcome in the multimillion-dollar defamation trial between war veteran Ben Roberts-Smith and Nine newspapers will be delayed following an 11th-hour decision.
The commonwealth asked the judge to delay publishing the full written reasons in the case until Monday.
This is so they can be looked at for any disclosures of sensitive information.
Justice Besanko told the court that in addition to Thursday’s decision, a further 50 pages of “closed court” judgment was to be delivered to a select number of people.
As the judgment was handed down, The Age journalist Nick McKenzie issued a one-word tweet, reading: “Justice.”
Speaking outside court, Mr McKenzie said the decision was a “day of justice” for SAS soldiers who spoke out during the hearing.
“These brave men of the SAS stood up and told the truth,” Mr McKenzie said.
“They told the truth that Ben Roberts-Smith was a war criminal, a bully, and a liar.
“Australia should be proud of those men.”
Mr McKenzie likened Mr Roberts-Smith to disgraced cyclist Lance Armstrong and urged the veteran to “reflect on the pain he brought”.
The investigative journalist said the decision would offer some relief to victims in Afghanistan who also gave evidence.
“Ali Jan was a father, a husband,” he said. “He was kicked off a cliff by Ben Roberts-Smith, and was murdered with his participation.
“There is some small justice for him (and) for all the Afghan villagers who stood up in court.”
Journalist Chris Masters said the decision came as a great relief for news media.
“It‘s a relief for the media, frankly, we know we’re so often on our knees,” he said.
“It often feels so hard to even do ordinary work, let alone work as difficult as this.”
Channel 9 director James Chessell said the result was a vindication of reporting on a “difficult story”.
“Today is a pivotal moment in this story, and we are very pleased with the result,” he said.
“The series of stories at the centre of this trial will have a lasting impact on the Australian Defence Force.
“We will continue to hold people involved in war crimes to account.
“The responsibility for these atrocities does not end with Ben Robert Smith.”
Originally published as Bali photo of Ben Roberts-Smith surprised backer Kerry Stokes
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