Witnesses who gave proof towards Ben Roberts-Smith in his defamation case have been described by his barrister as liars, gossips and perjurers.
The Victoria Cross recipient is suing The Age, The Sydney Morning Herald and The Canberra Occasions over 2018 studies claiming he dedicated warfare crimes in Afghanistan together with homicide, and acts of bullying and home violence.
The 43-year-old denies all claims of wrongdoing, whereas the newspapers’ writer 9 Leisure is defending them as true.
In his last tackle within the Federal Courtroom trial on Friday, his barrister Arthur Moses SC mentioned the reality defence was primarily based on imprecise testimony, contradictory proof conjecture and hypothesis.
The proof within the case had not established any of the grave allegations propounded by the newspapers, he mentioned.
Particular person Seven testified to having watched the warfare hero assault an unarmed Afghan prisoner, bully a comrade and threaten to strangle a person.
Particular person 14 testified to seeing Mr Roberts-Smith ordering Particular person 12 to shoot an Afghan prisoner “or I’ll” by an interpreter.
However Mr Moses mentioned the 2 witnesses have been “plain and easy liars and perjurers”.
Particular person 14 repeatedly lied in his proof, till his “lie after lie unravelled” when notes have been produced of what he instructed a journalist.
“Particular person Seven is a person possessed and obsessive about Mr Roberts-Smith’s Victoria Cross, to the purpose of his associate telling him to cease speaking about it on his personal admission,” the barrister mentioned.
“His proof on this case was fairly frankly embarrassing.”
He was a gossip who hated Mr Roberts-Smith, he mentioned.
“He would even make Mrs Mangel from Neighbours blush, in respect of his quantity of gossiping regarding Mr Roberts-Smith.”
He famous the newspapers had didn’t name Particular person 12 – the Afghan soldier they alleged was ordered by Mr Roberts-Smith to shoot the prisoner – to provide proof.
“Particular person 12 it could be anticipated would have first-hand data of the info alleged by the respondent,” he mentioned.
As a result of they made the allegations his consumer was complicit in homicide, they bore the onus of calling him.
Particular person 24 beforehand mentioned he watched the warfare veteran open fireplace on an Afghan prisoner’s again after throwing him to the bottom throughout an April 2009 mission to a compound dubbed Whiskey 108 in Uruzgan province.
“That man is a liar,” Mr Moses mentioned.
He famous prior inconsistent statements given by the witness.
Mr Moses additionally submitted there was no proof of a “tradition of silence” which the newspapers’ barrister mentioned led to Australian troopers failing to report warfare crimes in Afghanistan.
“This isn’t A Few Good Males,” he mentioned, referring to the navy courtroom drama.
Essentially the most intimate and private particulars of Mr Roberts-Smith’s life have been revealed in courtroom, particulars which his consumer mentioned have been embarrassing.
“No one is ideal of their private life, but it surely doesn’t make them a assassin.”
Homicide and complicity in homicide, within the aggravating circumstances of being in lively service in Afghanistan, have been very severe allegations.
The choose was being requested not solely to adjudicate on Mr Roberts-Smith, but additionally on different individuals accused of homicide.
“Although it is a civil case, the very severe nature of the grave allegations levelled towards Mr Roberts-Smith compels the courtroom to consider the implications or impact of discovering the allegations proved,” he mentioned.
Whereas the respondents claimed the case was about cash, Mr Moses mentioned it was about vindication.
“They opened massive on the primary day, made various massive allegations however they fall flat.”
He’ll proceed his submissions on Monday.
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