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

 

[Angry Red Bull]

I agree with a lot of what you say. Special forces are trained assassins who largely operate outside the laws of war, but killing children? Executing unarmed civilians? No, that's too far for me, it was evidently too far for the other trained assassins around him, and he should pay for those specific crimes IMO.

The child was a teenager driving a car carrying bomb making equipment and was unarmed and taken prisoner. It's alleged he shot him in the head with a pistol and had a 'throw down' weapon to say he was armed for the report.

In response to testimony one of his fellow soldiers commented "We were sent there to kill bad dudes trying to kill us and did." Though telling a truthful account he nevertheless gave his view that BRS doesn't belong in a court for what happened.

Crimes happen in war on all sides at all times. During WW2 for instance what isn't well known is how Eisenhower starved to death captured German forces at the end of the war. In order to avoid allowing visitation and abiding Geneva convention as 'prisoners of war', he changed the designation to 'disarmed enemy forces' to enable him to cut food to starvation levels. It's said up to 1Million German troops died that way. What is also not well known is that at end of the Pacific war that Japan were seeking mediation of an intermediary county to negotiate surrender ....Singapore I seem recall, with the only proviso was that the emperor would be untouched. USA refused wanting an unconditional surrender and instead dropped the A bomb twice killing hundreds of thousands and THEN left the emperor untouched anyway when they got unconditional surrender.

If someone is trying to kill you using any means it would be almost impossible to flick a switch afterwards and not harm them. Killing is extreme. But his extreme behaviour was also a double edged sword in award of VC. I don't condone it and it's a crime but I can understand it a bit like that soldier does.

Of course nowadays there is this unrealistic expectation from those NOT DOING THE KILLING and RISKING BEING KILLED that our soldiers must do what no one history has been able to do to flick that switch and act with humanity after attempts at killing you. I'm not equipped to judge them not having lived it. That solider is though and he says he doesn't belong in court. Good enough for me. Of course a solution would be not to send troops to kill anyone but that seems an impossible goal

 

[Kurve]

This wasn't part of the defamation case.

ABC Investigations can reveal the disgraced war hero's alleged involvement in the killing, which sparked a diplomatic row for Australia.

Victoria Cross recipient Ben Roberts-Smith directed one of his SAS comrades to kill an elderly man who was dragged from a mosque in Afghanistan, according to allegations examined by the Brereton inquiry into alleged war crimes.

Ben Roberts-Smith alleged to have directed the killing of elderly imam in Afghanistan

Victoria Cross recipient Ben Roberts-Smith directed one of his SAS comrades to kill an elderly man who was dragged from a mosque in Afghanistan, according to allegations uncovered by ABC Investigations.

www.abc.net.au

 

[utility]

 

[Kurve]

Roberts Smith is done.

Former SAS captain and Liberal MP Andrew Hastie has expressed his relief at Ben Roberts-Smith losing his defamation trial.

'Cold, hard truth': Hastie breaks silence after Ben Roberts-Smith verdict

Former SAS captain and Liberal MP Andrew Hastie has expressed his relief at Ben Roberts-Smith losing his defamation trial, saying the courage of former colleagues in giving evidence against the Victoria Cross winner had "rescued" the elite regiment.

www.abc.net.au

 

[Aristotle Pickett]

He rocks up back to Australia like nothing has happened. What a true psycopath.

 

[Kurve]

If Stokes funded Roberts Smith's legals for this disaster, Stokes should pay the costs of the loss imo.

 

[jason_recliner]

If Stokes funded Roberts Smith's legals for this disaster, Stokes should pay the costs of the loss imo.

That's presumably the arrangement. BS doesn't have $25,000,000. That, or he doesn't pay because he's bankrupt.

 

[Lockyer24]

Nick McK is an outstanding journo

 

[Kurve]

Roberts Smith's legal team has filed a notice of appeal.

The amount of money that's gone in to this over this flog and tying up the courts is disgusting.

Ben Roberts-Smith to appeal after losing landmark defamation case

A judge dismissed his defamation proceedings last month in a judgement that was more than 700 pages long.

www.abc.net.au

 

[FIGJAM]

Imagine the lunch his lawyers are having after lodging that!!

 

[Xtreme]

I see he likes to go down in a ball of flames more than once!

 

[schneebly111]

Roberts Smith's legal team has filed a notice of appeal.

The amount of money that's gone in to this over this flog and tying up the courts is disgusting.

Ben Roberts-Smith to appeal after losing landmark defamation case

A judge dismissed his defamation proceedings last month in a judgement that was more than 700 pages long.

www.abc.net.au

This Age article reveals some of his grounds for appeal:

Roberts-Smith launches appeal against historic defamation loss

The former Special Air Service corporal filed a notice of appeal in the Federal Court on Tuesday.

www.theage.com.au

To me it seems those grounds are very shaky and don’t point to errors Besanko made in the case. Just a last ditch attempt to win because Kerry’s paying the bills so why not?

Can the more learned legalists amongst us see valid arguments from the BRS appeal? Or is it just going to be public embarrassment round 2?

 

[Kane McGoodwin]

This Age article reveals some of his grounds for appeal:

Roberts-Smith launches appeal against historic defamation loss

The former Special Air Service corporal filed a notice of appeal in the Federal Court on Tuesday.

www.theage.com.au

To me it seems those grounds are very shaky and don’t point to errors Besanko made in the case. Just a last ditch attempt to win because Kerry’s paying the bills so why not?

Can the more learned legalists amongst us see valid arguments from the BRS appeal? Or is it just going to be public embarrassment round 2?

I didn't think Stokes was paying anymore for his legal costs?

 

[BFew]

Looks like Nine is beating Seven at this point.
Not sure Seven has the depth to win this one.

Stokes forced to reveal communications with Roberts-Smith’s lawyers

Ben Roberts-Smith’s key supporters at Seven West Media must hand over thousands of documents showing their involvement in his failed defamation case.

www.smh.com.au

'Stokes forced to reveal communications with Roberts-Smith’s lawyers'​

'July 31, 2023 — 6.24pm
...
Ben Roberts-Smith’s key supporters at Seven West Media have been forced to hand over thousands of documents showing their involvement in the former soldier’s failed defamation case as the Nine-owned newspapers at the centre of his lawsuit pursue his wealthy backers for legal costs.

Federal Court Justice Anthony Besanko on Monday rejected a bid by Seven West Media chairman Kerry Stokes, Seven Network commercial director Bruce McWilliam and others to resist handing over documents to Nine showing communications with Roberts-Smith’s lawyers during the case against The Sydney Morning Herald and The Age.

Nicholas Owens, SC, for the newspapers, told the Federal Court last week that there was “at the very least, we know, 8600 emails [exchanged with] ... someone who’s not a party to the litigation”, McWilliam, and “the lawyers and the party [Roberts-Smith] himself” between 2018 and 2023.
...
In a decision on Monday, Besanko ruled largely in favour of Nine with only minor changes. He will deliver reasons at a later date.
...
The costs hearing is listed for September 4.
...'

 

[Kurve]

This might be very interesting.

 

[Percel]

This might be very interesting.

Woah, could be outstanding

 

[schneebly111]

This might be very interesting.

It’s pretty obvious why. Stokes has a fetish for the SAS and runs a TV network that loves to dogwhistle to racists. He probably blew his wad every time he read about Ben and his mates ‘slotting brown c***’.

 

[Kurve]

It’s pretty obvious why. Stokes has a fetish for the SAS and runs a TV network that loves to dogwhistle to racists. He probably blew his wad every time he read about Ben and his mates ‘slotting brown c****’.

We also think Stokes might be backing and funding Bruce Lehrmann

 

[schneebly111]

We also think Stokes might be backing and funding Bruce Lehrmann

Paying a year’s rent on a several thousand dollar per week Sydney beachfront property.

They love men in positions of power who abuse weaker people as an exercise of that power. It makes them feel invincible and part of a club that can get away with anything.

And blow me down look what other prominent powerful Australian man has supported BRS, the groping parrot:

 

[jason_recliner]

Paying a year’s rent on a several thousand dollar per week Sydney beachfront property.

They love men in positions of power who abuse weaker people as an exercise of that power. It makes them feel invincible and part of a club that can get away with anything.

And blow me down look what other prominent powerful Australian man has supported BRS, the groping parrot:

To be fair, he's not exonerating BS (not totally, at least), he's opining that the commanders should also be held accountable. I agree.

 

[schneebly111]

To be fair, he's not exonerating BS (not totally, at least), he's opining that the commanders should also be held accountable. I agree.

If you follow along the social media supporters of these guys (there’s quite a few) they want the commanders held to account for not backing up the soldiers who were committing the murders, they see the commanders as throwing them under the bus.

Commanders should hold responsibility (and don’t forget BRS was a patrol COMMANDER) but if you really want to prosecute commanders for war crimes that’s a tacit admission that those soldiers were committing crimes themselves.

Plus the groping parrot has said in previous videos he thinks the whole Brereton investigation was a sham, a witch hunt and the soldiers didn’t do anything wrong:

 

[jason_recliner]

... he thinks the whole Brereton investigation was a sham, a witch hunt and the soldiers didn’t do anything wrong:

The guy is a s**tstain, no doubt.

 

[jason_recliner]

Kerry Stokes to pay Nine's court costs for Ben Roberts-Smith defamation trial​

Orders made in the Federal Court on Monday confirmed Mr Stokes's private company, Australian Capital Equity Pty Ltd (ACE), will pay Nine's costs on an indemnity basis.

Kerry Stokes to pay Nine's court costs over Ben Roberts-Smith defamation trial

 

[schneebly111]

Kerry Stokes to pay Nine's court costs for Ben Roberts-Smith defamation trial​

Orders made in the Federal Court on Monday confirmed Mr Stokes's private company, Australian Capital Equity Pty Ltd (ACE), will pay Nine's costs on an indemnity basis.

Kerry Stokes to pay Nine's court costs over Ben Roberts-Smith defamation trial

He’d rather pay $16 million than reveal what was in those emails……

 

[Kurve]

Kerry Stokes to pay Nine's court costs for Ben Roberts-Smith defamation trial​

Orders made in the Federal Court on Monday confirmed Mr Stokes's private company, Australian Capital Equity Pty Ltd (ACE), will pay Nine's costs on an indemnity basis.

Kerry Stokes to pay Nine's court costs over Ben Roberts-Smith defamation trial

So he should. Roberts Smith should also stay broke imo.