Source : PortMac.News | Independent :
Source : PortMac.News | Independent | News Story:
News Story Summary:
Ben Roberts had been suing Nine newspapers and several reporters over articles that alleged he committed war crimes in Afghanistan.
* We won't receive the written judgement today as Justice Anthony Besanko ordered the Commonwealth be given time make redactions before making it public
* At the latest, we will receive it by June 5
* A smaller section of his decision may or may not ever be revealed, as it was heard in closed court. That is yet to be determined
* The judge did not find in favour of all the newspapers defence, however, for some of the most serious allegations, including war crimes of murder, he found truth was established. This meant the defamation case was dismissed
* Arthur Moses SC has asked for an extension to appeal for his client Ben Roberts-Smith, while Nicholas Owens SC has asked for 21 days to establish a case for costs, given they were successful in their defence
Costs:
Nine's barrister Nicholas Owens SC has flagged an application for costs after the proceedings were dismissed.
He said, having successfully defended the case, a costs order will "follow inevitably" in their favour.
Mr Owens asked for 21 days to prepare any third party and indemnity costs Nine wishes to seek.
Justice Anthony Besanko delays written judgement:
Justice Besanko has sided with the Commonwealth and has prevented his written judgement from being distributed.
The Commonwealth has until 2pm on June 5 to scrutinise the findings, and redact any sensitive information.
Arthur Moses SC has asked for an extension to appeal the decision. The Federal Court is about to enter into closed court.
Original Story By | Heath Parkes-Hupton & Greta Stonehouse