Ben Roberts-Smith lawyers were in court on Monday (11/9/23) arguing that classified documents that were part of the evidence in his defamation case against Nine Entertainment should not be given to war crimes investigators who could potentially use that evidence in any future criminal charges against Ben Roberts-Smith.
The evidence Ben Roberts-Smith wants to keep secret “includes thousands of classified documents and photographs, the identities of anonymised SAS witnesses, and transcripts of evidence given in closed court sessions of the trial, including by Roberts-Smith.” It is set down for hearing for 3 days on the 27th of September and the 26th and 27th of October.
The alleged war crimes came from the four-year IGADF inquiry (commonly known as the Brereton Report), which was conducted by judge Major-General Paul Brereton and went from 2016 to November 2020. (Click here to read more)
The IGADF inquiry “examined allegations of war crimes and other misconduct by Australian special forces soldiers in Afghanistan. It produced the Brereton report which found “credible” evidence to support allegations that 39 Afghan civilians were unlawfully killed by Australian special forces soldiers.” (Click here to read more)
In 2021 the federal government set up the Office of the Special Investigator and it says on their website: The Office of the Special Investigator is responsible for addressing potential criminal matters raised in the Inspector-General of the Australian Defence Force’s Afghanistan Inquiry Report.
The Special Investigator is The Hon Mark Weinberg AO KC: “The Special Investigator’s role is to review the findings of the Afghanistan Report, undertake investigations where required and refer briefs of evidence to the Commonwealth Director of Public Prosecutions where appropriate.”
I published an article on the 14th of April 2021 titled “Mark Weinberg QC the corrupt former judge appointed by Scott Morrison to cover up Australia’s alleged war crimes” which starts off:
Mark Weinberg QC believes some people such as judges are above the law and accountability, and I know this for a fact because he was filmed on video in 2017 in court saying as much as per below. He is also the person appointed by the Scott Morrison government to cover up the alleged war crimes in Afghanistan committed by Australian troops. (Click here to read the article and watch the video in the article)
It has been over 2 years since the government set up The Office of the Special Investigator and they have charged only one person which I believe supports my view that it was set up to make sure no one was charged for war crimes. The one person they have charged they were forced to because the ABC broadcast video of the soldier shooting an unarmed man which left them with no choice but to charge the soldier.
But as I say in the below video, the government has charged war crimes whistleblower David McBride and he is due to go to trial at the ACT Supreme Court on the 13th of November 2023 in Canberra. It’s amazing how governments can always find the resources and time to prosecute whistleblowers as a priority.
Below is a video overview of this article:
The full ramifications of Ben Roberts-Smith losing his defamation case and being labelled a war criminal are only starting to become clear as numerous court cases start to branch off from the initial defamation case. For example Kerry Stokes and Seven are fighting Nine in court over the estimated $25 to $30 million in costs and Stokes and Seven have lodged an appeal so they don’t have to hand over incriminating emails and documents.
It will take at least another year or two before a full picture of what a total disaster the defamation case was because by then the appeal should have been finalised and Kerry Stokes and Seven would have had to pay costs which they are currently fighting. The defamation case or the fight over costs could also end up in the High Court which would add another year or more to any final resolution.
And at some stage, given the defamation judgment, Ben Roberts-Smith should face charges for war crimes which could also take years for any final judgment. But then again, Special Prosecutor Mark Weinberg QC might work his magic and make any criminal charges disappear.
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