WAR CRIMES - Afghanistan * Ben Roberts Smith files an appeal

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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
 
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Has Mr Stokes commenced the senility phase of his life yet?

'Ben Roberts-Smith defamation case: judgment extinguishes soldier’s treasured reputation'​

'The legal bill is certain to top $25 million and Nine is expected to seek costs from both Mr Roberts-Smith and his benefactor, media mogul Kerry Stokes, who bankrolled his legal case.

Legal sources believe an appeal by Mr Roberts-Smith is inevitable, with Mr Stokes, reportedly still convinced of his innocence.'
 

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Kurve said:
SPECIAL EDITION!!!

Nine has announced a special edition of 60 Minutes on Sunday night at 8.40pm will reveal more information about what really happened in Afghanistan.
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That would be even more special than Ch10 having a special edition of the Project 8:30pm this Sunday night, starring Lisa Wilkinson on gardening leave, for the 2nd time explaining why Grace Tame and Brittany Higgins still loathe Bruce Lehrmann.

So much to choose from on Sunday night now.

Might just watch Farty Owls again.
 
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Mr Stokes expressed his disappointment at the judgment:

“The judgment does not accord with the man I love know.
 
This headline in the AFR could just as well read
'Seven to make a decision on Mr Stokes and Roberts-Smith's future '

www.afr.com

Ben Roberts-Smith case updates LIVE: Kerry Stokes says judgment ‘does not accord with the man I know’

Seven West executive chairman Kerry Stokes, who backed Ben Roberts-Smith’s legal efforts, says the outcome will be hard for the former soldier; court finds Nine newspapers’ reporting proved Ben Roberts-Smith committed serious war crimes, including murder. Here’s how the day unfolded.
www.afr.com www.afr.com

'4.20PM​

Seven to ‘make a decision’ on Roberts-Smith’s future​

Roberts-Smith, an executive at Seven West Media, did not turn up to hear Justice Besanko’s ruling, despite attending all 110 days of evidence. He was photographed in Bali on Wednesday.

“Ben remains on leave and will review the judgment with us and make a decision on his future in the near future. We will make no further comment at this time,” a Seven spokesman said.'
 
jason_recliner said:
Mr Stokes expressed his disappointment at the judgment:

“The judgment does not accord with the man I love know.
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Brotherly love about as common as man buns nowadays.

Maybe Mr Stokes takes the freemasonry memes a bit too seriously for the times we live in.

Uefa Champions League Sport GIF by UEFA
aleister crowley illuminati GIF
 
Bunk Moreland said:
One of the most staggering own goals in history.
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ABC running with the own goal theme too.

www.abc.net.au

Ben Roberts-Smith tried to clear his name — it proved to be an expensive own goal

If Ben Roberts-Smith thought his reputation was in tatters before today, it's hard to imagine what state it's in now, after a Federal Court judge threw out his defamation lawsuit and ruled the most serious imputations made against him had been proven.
www.abc.net.au www.abc.net.au

'Ben Roberts-Smith tried to clear his name — it proved to be an expensive own goal'​


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I posted (then self removed after a while) a tatt pic of BRS just before 2:15pm AEST today, for 'entertainment' whilst waiting for the case adjudication summary to be broadcast.

Little did I know that a bare chested BRS pic would appear again in the headlines tonight, or it's significance in this case.


'Ben Roberts-Smith claims he was linked to war crime allegations published across multiple newspapers even though he wasn’t named because of a distinctive Spartan tattoo, his towering stature and Victoria Cross glory.

The 44-year-old said all the features pointed to him being the accused soldier known only as “Leonidas”.'
Screenshot 2023-06-01 at 9.19.19 pm.png
 
Most of us never trusted his judgement. Stokes could send even one tenth of the money he spent on this disgraceful court action over to the Afghani families of the men who never made it home because they ran in to Ben Roberts Smith.


Stokes.png


www.9news.com.au

Ben Roberts-Smith's defamation claims thrown out

www.9news.com.au www.9news.com.au
 
You know, the only sort of empathy you could have with Roberts-Smith regarding what he did is the "war is hell" narrative, that it is a horrific experience that destroys men mentally and emotionally and ultimately drives good men to commit heinous acts.

Then you remember that the people who sat in the witness box and condemned him were his own fellow soldiers. Their testimony speaks the loudest.
 
That BRS maintained the position he did for so long, and then made things worse, by deciding to hang out his dirty laundry for the whole world to see, has so far recklessly proved to be neither in his own interest, his current and ex-colleagues interest, his employers interest, and the National Interest.

Reckless in both war and peace situations.

Leaving others to pick up the peaces and attempt to rectify the collateral damage with the relationship with both our allies, frenemies, and enemies.

Not making it any easier to recruit and retain in our priceless armed and defence forces.

What can we expect next during any appeal and criminal prosecution(s) phase that actually goes ahead. (Not just BRS specific).

Political (NOT PHYSICAL) attacks on the judiciary and justice system? Or BRS and his supporters quietly falling on their own swords (figuratively speaking), with a serving of self-reflection and repentance.

www.theguardian.com

As the Ben Roberts-Smith case proves, it’s time for Australia to abandon our farcical myths of Anzac | Paul Daley

Good history – like good journalism and justice – has fact as its bedrock
www.theguardian.com www.theguardian.com

As the Ben Roberts-Smith case proves, it’s time for Australia to abandon our farcical Anzac myths'​

'Thu 1 Jun 2023 17.59 AEST'
'...
The governing council of the memorial – many leading politicians, former prime ministers and party leaders among them – have been waiting anxiously for Justice Anthony Besanko’s judgment in the Roberts-Smith defamation case. The memorial has, to understate it, had significant investment in Roberts-Smith’s reputational battle.

The former war memorial director, one-time Liberal leader and defence minister Brendan Nelson, the one-time prime minister and council board member Tony Abbott and Kerry Stokes – Roberts-Smith’s employer, the bankroller of his defamation action, former memorial council chair and a generous donor towards AWM exhibitions – have all assiduously, some would say recklessly, supported Roberts-Smith to the hilt.

Abbott said people ought be cautious not to “judge soldiers operating in the heat of combat under the fog of war by the same standards that we would judge civilians”.

Well, the federal court doesn’t discriminate, as it happens.

Nelson said some journalists’ allegations against Roberts-Smith were an attempt to “tear down our heroes”. “But as far as I am concerned, unless there have been the most egregious breaches of laws of armed conflict, we should leave it all alone,” he said.

The problem is it’s all been left alone far too long.'
 
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Very very very very 'uncomfortable' days ahead.

'From hero to murderer with a cross to bear​

Australia’s most decorated living soldier now faces the prospect of serious criminal charges, with AFP investigators currently assessing the evidence.
June 1, 2023
...
Although a civil case, Justice Besanko found that Mr Roberts-Smith broke the moral and legal rules of military engagement and was therefore a criminal.

Legal observers believe the judgment significantly increases the likelihood that Mr Roberts-Smith will face criminal charges, with investigators from the Australian Federal Police and the Office of Special Investigations currently assessing evidence.
...'

'Rogues in the ranks await their fate as a giant is toppled​

Ben Roberts-Smith was always going to take a long time to hit the ground. But after five long years, the 2m-tall former SAS corporal has finally crashed to Earth. The question now is, who will he bring down with him?

the trials of Roberts-Smith and a raft of other SAS soldiers who served with him in Afghanistan are only just beginning. We are now likely to see a slew of criminal prosecutions for war crimes in Afghanistan that will cast a dark shadow over Australia’s military for many years.
June 1, 2023'
...
the trials of Roberts-Smith and a raft of other SAS soldiers who served with him in Afghanistan are only just beginning. We are now likely to see a slew of criminal prosecutions for war crimes in Afghanistan that will cast a dark shadow over Australia’s military for many years.
...
the findings of the 2020 Brereton report which found “credible” evidence of allegations 25 Australian soldiers murdered 39 Afghan civilians. So far only one former SAS soldier, Oliver Schultz, has been charged with murder. But more criminal charges are now expected, with the Office of the Special Investigator examining “between 40 and 50” further allegations of war crimes.
...
The Brereton report recommended allegations against 19 serving or former soldiers be referred for criminal investigation. These are now working their way through the system.
...
Defence chief Angus Campbell admitted as much when he warned last month of some “very, very uncomfortable days” ahead for Australia’s special forces.

“There may be others and that is a matter for the OSI and, ultimately, then, a matter for the commonwealth Director of Public Prosecutions,” he said. “You won’t see me trying to gloss over these things.”
...
 
Bunk Moreland said:
Likely Nine will apply for costs, now estimated the whole affair could cost Stokes $25 million.

Plus he’s employed Roberts-Smith, who has been on leave with pay for the duration of the trial. He’s currently sunning himself in Bali.

That’s one hella expensive man crush, Kerry.
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It‘s amazing how short sighted Stokes was with all this.

You’d think he’d have been intelligent enough to see that this whole endeavour was way too risky.

Oh well. Very funny nonetheless.
 
Bunk Moreland said:
Australian billionaires aren’t really known for their good judgment.
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At least Gina is smart enough to not employ Barnaby as head of Government, Public or Private Affairs, despite his pseudo qualifications in this area.

Mined you, Vicky wouldn't mined if Gina made Barnaby even more attractive than he currently is, by putting him in charge of a Gold mine or two.
 
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