Ben Roberts-Smith after receiving his Victoria Cross in 2011. This and several other medals are currently on display at the AWM. Photo: ADF.
There have been calls for the Australian War Museum to remove Ben Roberts-Smith’s uniform from public display following the federal court judgment that imputations of murder, violence, bullying and domestic violence by the former Special Air Service (SAS) Regiment veteran have largely been proved.
After 110 days of hearings spanning almost 14 months, the defamation case brought by Mr Roberts-Smith was dismissed, with the judgment handed down yesterday afternoon (1 June) by Judge Anthony Besanko. The final written judgment is expected to be delivered next week.
That afternoon, senator and Greens spokesperson for justice, defence and veterans’ affairs David Shoebridge called the judgment an “important win for fearless journalism” and said “the official silence must now end.”
“If this judgment stands, the first step in correcting the official record is for the Australian War Memorial to immediately remove Ben Roberts-Smith’s uniform from public display and to begin telling the entire truth of Australia’s involvement in that brutal war,” he said.
Senator Shoebridge added: “This is not justice for the families who lost loved ones or for the communities that have been brutalised by war crimes, but it takes us a step closer.
“The Albanese Labor government should urgently progress compensation for families of victims of alleged Afghanistan war crimes, one of the key outstanding recommendations of the Brereton report [into war crimes committed by the ADF during the war in Afghanistan].”
Professor Ben Saul, Challis Chair of International Law at the University of Sydney, also tweeted after the judgment: “Subject to any appeal, it would now be appropriate for Ben Roberts-Smith to be (1) stripped of his Victoria Cross and (2) removed from his dedicated display at the Australian War Memorial.”
Along with his uniform, Mr Roberts-Smith’s medals, including the Victoria Cross he was awarded in 2011, are currently on display at the AWM. The AWM commissioned an artist to produce two portraits of Mr Roberts-Smith in 2014, which are also on display.
The AWM commissioned award-winning artist Michael Zavros to paint two portraits of Mr Roberts-Smith in 2014. Image: AWM.
AWM chair Kim Beazley told Region on behalf of the Australian War Memorial Council: “The Memorial assists in remembering, interpreting and understanding Australia’s experience of war and its enduring impact. This includes the causes, conduct and consequences of war.
“The Memorial acknowledges the gravity of the decision in the Ben Roberts-Smith VC MG defamation case and its broader impact on all involved in the Australian community.
“This is the outcome of a civil legal case and one step in a longer process.
“Collection items relating to Ben Roberts-Smith VC MG, including his uniform, equipment, medals and associated artworks, are on display in the Memorial’s galleries. We are considering carefully the additional content and context to be included in these displays.
“The Memorial acknowledges Afghanistan veterans and their families who may be affected at this time.”
Mr Roberts-Smith sued Nine Entertainment publications, The Sydney Morning Herald, The Age, The Canberra Times, and three journalists, Nick McKenzie, Chris Masters and David Wroe in the NSW Federal Court over a series of articles.
Judge Anthony Besanko said the respondents had effectively proved 10 of the 14 specific implications made by the media reports and that, while four other imputations could not be proved, there was sufficient contextual truth to them.
The government has declined to comment on the matter at time of posting.
“This is a civil defamation matter to which the commonwealth is not a party and it would be inappropriate to provide comment,” a spokesperson for Defence Minister Richard Marles said.
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