WAR CRIMES - Afghanistan * Ben Roberts Smith files an appeal

[Kurve]

19 Nov 202011.13 AEDT

Brereton report finds alleged unlawful killing of 39 people.​

Justice Brereton considered in a detailed 57 allegations of incidents and issues.

Campbell says he found there to be “credible information to substantiate 23 incidents of alleged unlawful killing of 39 people by 25 Australian Special Forces personnel, predominantly from the Special Air Service Regiment”.

Link to Ben Roberts Smith defamation JUDGEMENT SUMMARY and FULL JUDGEMENT in pdf

 

[Hojuman]

Only a week away.

Interesting Kurve, heard an estimated cost of all of this = $35 million.

 

[Angry Red Bull]

I think his defamation case will fail on a defence of truth. The Victoria Cross medal he put up as security for financial assistance will be lost.

It's likely criminal charges will follow.

I have misgivings about the whole
situation. War is plain evil and all sides usually commit atrocities in them. Holding true to moral ideals courage yet with integrity is sorely tested I would imagine. That is our expectation of the Australian soldier. Not having lived through that test of character it's hard for me to judge others that have when they fail our expectation of them especially one who is awarded a Victoria Cross.

 

[BFew]

2:15pm today (AEST) in 14 minutes.

 

[BFew]

Judge hands down defamation findings – as it happened

This blog is now closed.

www.theguardian.com

'50m ago13.14 AEST

Commonwealth intervenes to delay release of full judgment​

The commonwealth is reportedly seeking to intervene to ask that Justice Anthony Besanko delay publishing his full written reasons in the case until 2pm on Monday at the latest, so that they can be screened for any inadvertent disclosures of sensitive information.

The Sydney Morning Herald reports that the commonwealth will ask Besanko to delay releasing his written judgment.

Besanko was planning to read out a shorter summary of his reasons at 2.15pm. It is currently unclear whether the commonwealth’s attempted intervention would also delay the release of a summary of the case.

Besanko is expected to consider the request after 2.15pm.'

Watch it live in the below.

As it happened: Major victory in Ben Roberts-Smith case delivered to newspapers as former SAS soldier’s defamation case dismissed; some war crime, bullying allegations proven

Federal Court Justice Anthony Besanko was expected to deliver his decision in the decorated former soldier’s landmark defamation case at 2.15pm in Sydney.

www.smh.com.au

 

[BFew]

Guilty or not guilty?

Trying to comprehend what Justice Anthony Besanko is currently delivering in reading his judgement summary is a bit like fishing for worms at the moment.

 

[kickazz]

Guilty or not guilty?

Trying to comprehend what Justice Anthony Besanko is currently delivering in reading his judgement summary is a bit like fishing for worms at the moment.

Sounding like a mixed bag.

Wish I knew what each of the numbers mean.

 

[Kurve]

Most imputations proved substantially true, I think it's been dismissed. Roberts loses.


I THINK .....

 

[kickazz]

Most imputations proved substantially true, I think it's been dismissed. Roberts loses.


I THINK .....

Yep that's my take.

 

[Smoooothy]

Most imputations proved substantially true, I think it's been dismissed. Roberts loses.


I THINK .....

The following are the major conclusions. One, the applicant’s conduct and actions on the mission to W108 has found means that the respondents have established the substantial truth of imputations two, three, four, five, six and nine. Two, the applicant’s conduct and actions to the mission to Darwan has found means that the respondents have established the substantial truth of imputations one, two and three.

Three, the applicant’s conduct and actions on the mission to Genoa to is found means that the respondents have established the substantial truth of imputations of two and three. Four, the respondents have not established the particulars of truth with response to the response to such out on October 2022.

Five, the respondent had not doubled the particulars of truth with respect to the mission to Faisal on the 5 November, 2012. Six, with respect to the alleged bullying of person one, respondents have established the substantial truth of imputation 12. Seven, with respect to the alleged unlawful assault on Bucks, and is related to invitations 10, 11 and 14, the respondents have established the substantial truth of those imputations. Eight, with respect to the alleged act of domestic violence and imitation seven and eight, I am not satisfied that person 17’s evidence is sufficiently reliable to form a basis of a finding that the assault occurred, and that imputation seven and eight are substantially true. However, I consider that the respondents have played out the defence of contextual truth

 

[BFew]

 

[BFew]

BRS is in big trouble.

 

[Kurve]

Besanko dismisses proceedings against media outlets, major win for newspapers​

Justice Anthony Besanko has dismissed the proceedings against Roberts-Smith, after finding that the newspapers have proven some of the allegations of war crimes against him.

Besanko agrees to delay the publication of the judgment to ensure that no national security sensitive information is inadvertently released.

Judge hands down defamation findings – as it happened

This blog is now closed.

www.theguardian.com

 

[BFew]

I wonder what Kerry Stokes WA masthead is going to headline with tomorrow in this defamation case.

Fallen war hero indemnified by WA Billionairre.

 

[BFew]

The Murdoch media's masthead (The Oz) is not beating around the outback this afternoon in this case.

 

[Bunk Moreland]

BRS was the plaintiff.

This is a case that he, himself, brought to court.

One of the most staggering own goals in history.

 

[BFew]

BRS was the plaintiff.

This is a case that he, himself, brought to court.

One of the most staggering own goals in history.

Not even Bruce Lehrmann can beat this with his alleged sexual assault in Parliament House defamation case.

 

[BFew]

BRS might as well remove the "R" from his name now.
BS

 

[Kurve]

BRS was the plaintiff.

This is a case that he, himself, brought to court.

One of the most staggering own goals in history.

Agree, but what happens now?

 

[Angry Red Bull]

Full Federal court to hear an appeal. That appeal must be limited to judge mistakes in questions of law only. we don't know what these may be at this stage.

BRS will likely be charged

 

[jason_recliner]

I wonder what Kerry Stokes WA masthead is going to headline with tomorrow in this defamation case.

Fallen war hero indemnified by WA Billionairre.

It may not be over. Kerry may yet scandalously confess to the war crimes, taking the bullet and heroically saving the love of his life from an almost certain lengthy jail sentence.

"Don't wait for me, Benny!", as he's led out of court.

 

[geoffjennings79]

It may not be over. Kerry may yet scandalously confess to the war crimes, taking the bullet and heroically saving the love of his life from an almost certain lengthy jail sentence.

"Don't wait for me, Benny!", as he's led out of court.

It's clear as day that there was a second shooter, on the Afghan equivalent of a grassy knoll.

 

[Kurve]

Roberts Smith didn't even show up today, he's holidaying in Bali.

Elsewhere, laughing at Stokes who said this last November.


“Ben Roberts-Smith is innocent, deserves legal representation and that it’s scumbag journalists who should be held to account and quote me on that”.

 

[Bunk Moreland]

Agree, but what happens now?

Def appeal. Nothing to lose now.

 

[BFew]

As predicted, the West bigged up BRS in it's headline article this afternoon.
Referring to him as 'Victoria Cross recipient'
And focusing on him losing something.

Clarkey manages to slip one of the Stokes blokes (doesn't say which Stokes) giving him yet another positive character reference, in a good men do bad things tone.



'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.”'

 

[BFew]

It's clear as day that there was a second shooter, on the Afghan equivalent of a grassy knoll.

How will they ever be able to disprove the Russian or Israeli drone theory?
(yes I just completely made that up about 2 seconds ago without any evidence whatsoever)