Nick McKenzie wins defamation ‘trial of the century’ against Ben Roberts-Smith, Afghanistan war

Investigative reporter Nick McKenzie appeared satisfied as he left court after Ben Roberts-Smith lost his defamation case against Nine newspapers.

McKenzie made no attempt to hide his emotions after a judge dismissed Mr Roberts-Smith’s legal action on Thursday, finding the newspapers had proven some of the war crimes allegations they made against him. 

‘Justice,’ McKenzie tweeted.

His one word Twitter post was a concise response after the thousands of words written by him in The Age, The Sydney Morning Herald and the Canberra Times about Mr Roberts-Smith’s alleged actions while serving in Afghanistan. 

A visibly emotional McKenzie later repeated his Twitter message in person, saying ‘today is a day of justice’.

Journalists Nick McKenzie (left) and Chris Masters along with barrister Nicholas Owens (centre) leave the Federal Court in Sydney, Thursday, June 1, 2023

‘It’s a day of justice for those brave men of the SAS who stood up and told the truth about who Ben Roberts-Smith is – a war criminal, a bully and a liar,’ he said. 

‘Australia should be proud of those men in the SAS. They are the majority in the SAS and they stood up for what was right and they have been vindicated.

‘Today is a day of some small justice for the Afghan victims of Ben Roberts-Smith.’

McKenzie was one of three journalists directly named in the ‘trial of the century’. 

He said the case taken by Mr Roberts-Smith against the newspapers, him, Chris Masters and David Wroe was the ‘toughest fight of our journalistic careers.

‘We couldn’t have done it without each other. We couldn’t have done it without our brave colleagues in the newsrooms.

‘We couldn’t have done it without our editors and we couldn’t have done this without the best legal team in the country.’

He said Mr Roberts-Smith ‘came (to the court) almost every day but he did not come to the day of judgment. He’s in Bali doing whatever he’s doing.

‘But we’re here and we’re here to welcome justice and the truth,’ he said.

‘Someone described Ben Roberts-Smith to me as the Lance Armstrong of the Australian military. I think we must now take that as truth.’

This was a reference to a disgraced American former cyclist who notoriously lied about using drugs to cheat. 

McKenzie added that what happens to Mr Roberts-Smith’s military awards and decorations is a matter for others.

Nick McKenzie issued a one word tweet (pictured) after the case ended on Thursday

Nick McKenzie issued a one word tweet (pictured) after the case ended on Thursday

Journalists Chris Masters and Nick McKenzie are pictured giving a statement outside the Federal Court in Sydney

Journalists Chris Masters and Nick McKenzie are pictured giving a statement outside the Federal Court in Sydney

Journalist Nick McKenzie (left) leaves after giving a statement outside the Federal Court in Sydney, Thursday, June 1, 2023

Journalist Nick McKenzie (left) leaves after giving a statement outside the Federal Court in Sydney, Thursday, June 1, 2023

‘I’d like Ben Roberts-Smith to reflect on the pain that he’s brought lots of men in the SAS who stood up and told the truth about his conduct. 

‘They were mocked and belittled in court. They were bullied, they were intimidated, some had letters sent to them, threatening letters.

‘I’d like Ben Roberts-Smith to reflect on the people he murdered, the man he kicked off a cliff, the Afghan villagers.

‘That’s what I think Ben Robert Smith will reflect on,’ he said.

Federal Court Justice Anthony Besanko found the publishers did not defame the Victoria Cross recipient in a series of articles that claimed he killed unarmed prisoners. 

Justice Besanko delivered his findings in Sydney on Thursday afternoon after a marathon trial costing an estimated $25million.

The ruling brought an end to the longest and most expensive defamation trial in Australian history – and served to enhance the already stellar reputation of McKenzie, who has been named Australia’s journalist of the year twice.

Mr Roberts-Smith had claimed the newspapers made 14 defamatory claims including that he was responsible for six unlawful killings in Afghanistan between 2009 and late 2012. 

He was also accused of bullying other soldiers in the Special Air Service Regiment and of assaulting a mistress in 2018 at a Canberra hotel.

At the time the stories were published the three newspapers were owned by Fairfax Media. The Herald and Age are now owned by Nine Entertainment while the Canberra Times is part of the separate Australian Community Media.

Ben Roberts-Smith is pictured arriving at the Federal Court in Sydney on Tuesday, July 19, 2022

Ben Roberts-Smith is pictured arriving at the Federal Court in Sydney on Tuesday, July 19, 2022

Ben Roberts-Smith was in Bali (pictured) rather than attending the final day of his mammoth defamation case against newspapers and journalists

Ben Roberts-Smith was in Bali (pictured) rather than attending the final day of his mammoth defamation case against newspapers and journalists

The claims against Mr Roberts-Smith were made in a series of articles published in 2018 and initially identified him only by the pseudonym Leonidas, the famed Spartan king.

When Mr Roberts-Smith sued, Nine stood its ground and alleged he had murdered or was complicit in the murder of six Afghan prisoners. During the court case the publisher accepted it could not prove one of the alleged murders.

Nine called witnesses who said Mr Roberts-Smith was an arrogant, bullying elitist with a warped warrior mentality that made him overstep the bounds of the laws of armed conflict.

Mr Roberts-Smith denied every allegation against him, maintaining he had only ever acted with honour and in the best traditions of the Australian Army.

His legal team was led by Bruce McClintock SC with Arthur Moses SC. The publishers were represented by Nicholas Owens SC.

McKenzie’s years of deeply researched reporting has seen him win 14 Walkley Awards – Australia’s most prestigious journalism awards. 

What Nick McKenzie said after winning the ‘trial of the century’ 

‘Today is a day of justice. It’s a day of justice for those brave men of the SAS who stood up and told the truth about who Ben Roberts-Smith is – a war criminal, a bully and a liar.

‘Australia should be proud of those men in the SAS. They are the majority in the SAS and they stood up for what was right and they have been vindicated.

‘Today is a day of some small justice for the Afghan victims of Ben Roberts-Smith.

‘Ali Jan was the man kicked off the cliff. Ali Jan was a father. Ali Jan was a husband. He has Children who no longer have a father.

He has a wife who no longer has a husband.

‘He was kicked off a cliff by Ben Robert Smith and he was murdered with Ben Roberts-Smith’s participation. There’s some small justice for him.

‘There’s justice for the Afghan villagers who stood up in court like the SAS soldiers who implicated Ben Roberts-Smith in war crimes.

‘The Afghan villagers who stood up in court on Ben Robert Smith’s instructions were mocked, belittled by Ben Roberts-Smith’s counsel.

‘They too have been found to have spoken the truth.

‘And finally, a massive thank you to Chris for believing in investigative journalism for standing beside me in the toughest fight of our journalistic careers.

‘We couldn’t have done it without each other. We couldn’t have done it without our brave colleagues in the newsrooms.

‘We couldn’t have done it without our editors and we couldn’t have done this without the best legal team in the country.

‘Ben Roberts-Smith launched this case. Me and Chris did not want to go to court. None of the SAS witnesses who testified about Roberts-Smith’s war crimes wanted to go to court.

‘Ben Roberts-Smith brought this case.

‘He came most every day but he did not come to the day of judgment. He’s in Bali doing whatever he’s doing.

‘But we’re here and we’re here to welcome justice and the truth.

‘Now’s the time for the nation and the defense force to absorb what the judge has found.

‘The full findings will be released in due course. What is clear is Ben Roberts-Smith is a liar.

‘Someone described Ben Roberts-Smith to me as the Lance Armstrong of the Australian military. I think we must now take that as truth.

‘What happens to his awards and decorations is a matter for others.

‘I’d like Ben Roberts-Smith to reflect on the pain that he’s brought lots of men in the SAS who stood up and told the truth about his conduct. They were mocked and belittled in court.

‘They were bullied, they were intimidated, some had letters sent to them, threatening letters.

‘I’d like Ben Roberts-Smith to reflect on the people he murdered, the man he kicked off a cliff, the Afghan villagers.

‘That’s what I think Ben Robert Smith will reflect on.’

***
Read more at DailyMail.co.uk