The extensive Brereton inquiry into war crimes in Afghanistan shows the Ben Roberts-Smith defamation case should never have been allowed to proceed
fter a famously long defamation trial, Justice Anthony Besanko delivered his judgment. In dismissing the three actions brought byVC MG against Fairfax Media Publications, Chris Masters, Nick McKenzie and David Wroe, Justice Besanko largely accepted the substantial truth and contextual truth defence arguments put forward by the respondents. Questions on damages and costs have yet to be decided.
It is also extraordinary to me that the trial was allowed to proceed. Though proceedings were initiated in 2018, two years before the delivery of the Australia Defence Force inspector-general’s Afghanistan inquiry report, carried out by Justice Paul Brereton , I think the report should have shaped the risk of continuing with the trial.The findings in that report are that 39 cases of potential war crimes require further investigation with a view headed towards instituting criminal proceedings.
I believe these thoughts are applicable to the bulk of men and women who serve in the Australian Defence Force. Nearly all of them want to be proud of what they do in their service to the nation. I hope all of them also understand what it means to serve in “a force for good”.Though the mess created by the war crimes committed by some Australians seems a sad outcome of the long engagement of our forces in Afghanistan I note that war crimes were also committed by US and UK forces members, too.
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