Ex-SAS soldier’s testimony may be a ‘path to victory’ for media in Ben Roberts-Smith case, court told | MWhitbourn
Mr Roberts-Smith alleges the newspapers defamed him in a series of reports in 2018 by portraying him as a war criminal. The newspapers are seeking to rely on a defence of truth.
Mr Owens said on Tuesday the newspapers could win the defamation case if Person 66 gave evidence about the alleged murder, and Justice Anthony Besanko accepted that evidence. “But it is equally possible that I could win this case by only proving the murder at Siah Chow. It is an independent path home to victory.”Justice Besanko told Person 66 on Monday that the court had the ability to grant him a certificate under section 128 of the“which means that, if you give the evidence, the evidence cannot be used against you in any proceeding in an Australian court”.
The newspapers have also alleged Mr Roberts-Smith committed or was involved in five other murders of Afghan prisoners.
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