Nine newspapers’ truth defence put the focus on Ben Roberts-Smith’ reputation. It worked | David Rolph
Once a defamation trial begins, it is not possible for the plaintiff to control what may come out in court, as the Victoria Cross winner learned
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Justice Anthony Besanko’s dismissal of Ben Roberts-Smith’s defamation claim against the Sydney Morning Herald, the Age and the Canberra Times is a complete victory for the newspapers and their journalists. It is also a devastating and self-inflicted blow to Ben Roberts-Smith’s reputation.
Besanko found that a clear majority of the imputations pleaded by Roberts-Smith were substantially true. The imputations could hardly have been more serious: Roberts-Smith is a murderer and a war criminal.
David Rolph is a professor at the University of Sydney law school, specialising in media law
Law (Australia) | The Guardian
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