‘Day of justice’: Exposé of Australian 'war criminal’ hailed as win for journalism

By Riyaz ul Khaliq

ISTANBUL (AA) - “Today is the day of justice,” investigative journalist Nick McKenzie said after a court in Australia found allegations against a war veteran true.

“It’s a day of justice for those brave men of the SAS (Special Air Service) who stood up and told the truth about who Ben Roberts-Smith is – a war criminal, a bully and a liar,” McKenzie is quoted as saying by the Sydney Morning Herald daily.

Earlier, the Federal Court in Australia dismissed defamation case filed by Ben Roberts-Smith, a recipient of Victoria Cross award, against media organizations and three journalists over their coverage of alleged war crimes in Afghanistan.

Commentators described the court ruling as "win" for journalism.

Victoria Cross is Australia's highest military honor and Roberts-Smith was granted the award for his services in Afghanistan.

The defamation case was dismissed after Judge Anthony Besanko found that the newspapers had "proven several of the key allegations" of war crimes, including that Ben Roberts-Smith was involved in the killing of multiple unarmed Afghan civilians.

Roberts-Smith had named The Sydney Morning Herald, The Age, The Canberra Times and journalists McKenzie, Chris Masters and David Wroe in his case.

A series of stories were published in 2018.

“Murderer, war criminal, bully,” was the headline that the Sydney Morning Herald ran in the wake of the court's ruling, calling it a “major victory.”

The former serviceman is also accused of domestic violence and bullying a fellow soldier, though his criminal record has been clean so far.

The media stories suggested the veteran soldier committed the war crimes in Afghanistan between 2009 and 2012.

In his ruling, Besanko said: “The publisher had established the substantial truth of the imputations linked to allegations of unlawful killings in Afghanistan, and had established the contextual truth of imputations linked to allegations of bullying and domestic violence.”

Roberts-Smith is yet to be charged in any case.

- Roberts-Smith didn’t attend decision day at court

McKenzie said Australia “should be proud of those men in the SAS.”

“Today is a day of some small justice for the Afghan victims of Ben Roberts-Smith. Ali Jan was the man kicked off the cliff (in Darwan on September 11, 2012). Ali Jan was a father; Ali Jan was a husband.

“He was kicked off a cliff by Ben Roberts-Smith and he was murdered with Ben Roberts-Smith’s participation. There’s some small justice for him. There’s justice for the Afghan villagers who stood up in court,” said McKenzie, addressing media outside the court.

“Ben Roberts-Smith brought this case. He came most every day, but he did not come to the day of judgment,” McKenzie said. Roberts-Smith appears to be out of the country.

“What is clear is Ben Roberts-Smith is a liar. Someone described Ben Roberts-Smith to me as the Lance Armstrong of the Australian military [in a reference to the disgraced former cycling champion], and I think we must now take that as truth,” McKenzie added.

- ‘Important win for fearless journalism’

David Shoebridge, an Australian Greens senator, called the court ruling as “important win for fearless journalism.”

Urging Australian officials to issue a statement over the court ruling, Shoebridge said: “If this judgment stands, the first step in correcting the official record is for the Australian War Memorial to immediately remove Ben Roberts Smith’s uniform from public display and to begin telling the entire truth of Australia’s involvement in that brutal war.”

Ben Saul, a professor of international law at University of Sydney, said: “(…) it would now be appropriate for Ben Roberts-Smith to be (1) stripped of his Victoria Cross and (2) removed from his dedicated display at the Australian War Memorial.”

Rawan Arraf, a lawyer and executive director at Australian Centre for International Justice, said: “It’s prohibited to murder detainees under your control. This is a cornerstone of IHL (international humanitarian law). That Ben Roberts-Smith & others among special forces tried to make vague this fundamental principle is a shame. Much to be done. Criminal process is only just beginning.”

Siobhan Heanue, an Australian journalist, said the Roberts-Smith defamation ruling was “a reminder of the critical importance of the separation of powers, along with the necessary role of a robust fourth estate in a democracy.”

Karen Percy, another senior journalist, said the ruling was “a big and important win for journalism and press freedom in Australia.”

“It upholds the media’s important role in undertaking public interest investigations and in the public’s right to know,” she said.