Key Takeaways
- Ben Roberts-Smith’s appeal to overturn his defamation case loss has been dismissed by the full Federal Court.
- Justice Anthony Besanko’s 726-page judgement in June 2023 found that Nine Entertainment had not defamed Roberts-Smith.
- The appeal court, consisting of Justices Nye Perram, Anna Katzmann, and Geoffrey Kennett, has upheld the original ruling, with reasons for judgement to be released at a later date.
The Defamation Case
Ben Roberts-Smith, the most highly decorated serving member of the Australian Defence Force, brought a defamation case against Nine Entertainment news outlets after allegations of war crimes were made against him by reporters for several Australian newspapers. The case, which concluded in July 2022, resulted in Justice Besanko ruling in favor of Nine Entertainment, stating that most of the imputations made in the press reports were substantially true.
The Appeal Process
Roberts-Smith appealed the decision to the full Federal Court, which recently dismissed his appeal after a ten-day hearing in February 2024. The appeal court upheld the original ruling, with reasons for judgement to be released at a later date due to national security implications. The judges have placed a non-publication order over the reasons until May 20, 2025, or until the Commonwealth gives permission for publication.
Expert Analysis
Legal experts have noted the significance of the Federal Court's decision in this case, especially in light of the national security implications involved. The unanimous support from the appeal judges for Justice Besanko's original ruling underscores the strength of the evidence presented against Roberts-Smith. This case serves as a reminder of the importance of thorough investigative journalism and the accountability of media outlets in reporting sensitive information.
Implications for Roberts-Smith
With the dismissal of his appeal, Ben Roberts-Smith now faces the repercussions of the original defamation case. The findings of the court have raised questions about his credibility and the validity of his previous awards and commendations. Moving forward, Roberts-Smith may need to address the allegations made against him and work to rebuild his reputation in light of the court's ruling.