Once a defamation trial begins, it is not possible for the plaintiff to control what may come out in court, as Victoria Cross winner learned
ustice 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.
Sign up for Guardian Australia’s free morning and afternoon email newsletters for your daily news roundup There are not just risks for publishers. Suing for defamation is risky. No one forces a plaintiff to sue for defamation. Suing for defamation is a choice. It may be that sometimes the allegations published are so serious, that a plaintiff thinks that they have no choice but to sue. But they always have a choice. And the choice carries with it risks. Once the trial begins, it is not possible for the plaintiff to control what may come out in court, as Roberts-Smith learned.
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