Ben Roberts-Smith v the media

4.8 (310)
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Australia’s most decorated living soldier, Ben Roberts-Smith, is suing three of the country’s most trusted newspapers for defamation over articles he says falsely accuse him of war crimes. Whatever the outcome, the ramifications will be immense for public interest journalism, Australia’s military and the man venerated as a modern-day war hero. You can subscribe to this podcast on Apple podcasts, Google podcasts or Spotify

26/10/2022

Introducing Ben Roberts-Smith v the media

Australia’s most decorated living soldier, Ben Roberts-Smith, is suing three of the country’s most trusted newspapers for defamation over articles he says falsely accuse him of war crimes. Whatever the outcome, the ramifications will be immense for public interest journalism, Australia’s military and the man venerated as a modern-day war hero

10 min
28/10/2022

Ben Roberts-Smith v the media part one: reputation

In the defamation trial of the century, Australia’s most decorated living soldier is seeking to defend his reputation against reports in three newspapers that he says falsely accuse him of being a war criminal. His lawyers argue Ben Roberts-Smith has been unfairly targeted by envious comrades and assisted by credulous journalists. The newspapers’ lawyers say their reporting is true, and that Roberts-Smith broke the ‘moral and legal rules of military engagement’, something he denies outright. But who is Ben Roberts-Smith, and how did he earn the military’s highest honour, the Victoria Cross?

41 min
28/10/2022

Ben Roberts-Smith v the media part two: death in Darwan

In the aftermath of an attack on Australian soldiers by a rogue Afghan soldier, the SAS is sent to the Taliban-controlled village of Darwan. They arrive by helicopter at dawn, looking for Hekmatullah, the soldier who shot dead three of their comrades. It is during this raid, the newspapers allege in court as part of their defence, that Ben Roberts-Smith kicked an unarmed, handcuffed Afghan man off a cliff and then ordered another soldier to shoot him dead. Roberts-Smith denies this outright and says he and another soldier lawfully shot and killed a member of the Taliban they found hiding in a cornfield. In this episode of Ben Roberts-Smith v the media, Ben Doherty takes us through one of the key incidents under dispute in this extraordinary defamation trial – the raid of Darwan. And we hear evidence as presented in court by witnesses for Roberts-Smith and the newspapers in their defence, read by voice actors

1h 16m
28/10/2022

Ben Roberts-Smith v the media part three: the affair

An affair between Ben Roberts-Smith and a witness known to the court as Person 17 is one of the key contested elements of this extraordinary defamation trial. The newspapers as part of their defence allege that Roberts-Smith committed an act of domestic violence against Person 17. He denies this allegation, saying it is a complete fabrication. In this episode, host Ben Doherty takes us through both sides, detailing the breakdown of Roberts-Smith’s marriage to Emma Roberts and his affair with Person 17. We hear testimony from Roberts-Smith himself, as well as from Person 17 and Emma Roberts – who appear for the newspapers – read by voice actors

1h 17m
28/10/2022

Ben Roberts-Smith v the media part four: the tunnel

On 12 April 2009, the SAS arrive in the village of Kakarak in Afghanistan’s Uruzgan province. It’s a Taliban stronghold where an Australian soldier was killed just a month earlier. It’s here, in a compound known as Whiskey 108, that one of the most contested events in this extraordinary defamation trial takes place. In their defence, the newspapers allege that at Whiskey 108 Ben Roberts-Smith murdered an Afghan man with a prosthetic leg and ordered a junior member of his patrol to murder another Afghan man as part of a military ‘blooding’ ritual. Roberts-Smith strenuously denies these claims and says the two men who were killed were legitimate engagements shot lawfully in the heat of battle. In this episode, Ben Doherty takes us inside the raid on Whiskey 108. We hear evidence presented by Ben Roberts-Smith and others who support his version of events, as well as witnesses for the newspapers, read by voice actors

1h 7m
28/10/2022

Ben Roberts-Smith v the media part five: the letters

In June 2018, an SAS soldier known in this defamation trial as Person 18 says he received two threatening letters at his barracks in Perth. In their defence, the newspapers allege that these letters were written by Ben Roberts-Smith. He denies this outright. In this episode, Ben Doherty explains why the newspapers think these letters are important to their defence of this case and we hear testimony from Ben Roberts-Smith, as well as his former employee John McLeod and ex-wife Emma Roberts, who are witnesses for the newspapers, read by voice actors. We also hear closing arguments from both sides and from a defamation barrister about what this trial tells us about defamation law in Australia

1h 2m
01/06/2023

Ben Roberts-Smith v the media part six: judgment day

Australia’s most decorated living soldier has lost his defamation case against the Sydney Morning Herald, the Age and the Canberra Times. A federal court judge has found that the newspapers proved in their defence that Ben Roberts-Smith either murdered or was complicit in and responsible for the murder of unarmed civilians while serving in the Australian military in Afghanistan. Ben Doherty reports from court, sifting through the judge’s ruling and what it means for public interest journalism

17 min
08/06/2023

Part seven: a hero’s downfall

Australia’s most decorated living soldier has lost his defamation case against the Sydney Morning Herald, the Age and the Canberra Times. A federal court judge has found that the newspapers proved in their defence that Ben Roberts-Smith murdered unarmed prisoners while serving in the Australian military in Afghanistan.In this episode, host Ben Doherty combs through Justice Anthony Besanko’s full verdict which describes how Australia’s most decorated soldier lied to save his reputation How to listen to podcasts: everything you need to know

31 min
11/07/2023

Part eight: the pursuit of truth

At the heart of the defamation case Ben Roberts-Smith launched against three of Australia’s biggest newspapers were the articles published by Nick McKenzie and Chris Masters. In this episode Ben Doherty speaks to these journalists about what led them to start this investigation, how they overcame their doubts and fears to publish articles that accused Australia’s most decorated living soldier of war crimes, and what the results of the civil case mean for Australia’s military legacy

43 min

9 Episodes

4.8

out of 5

310 Ratings

Epic journalism

12 Jan

Hillwatcher

Inspired and voluminous work from Ben Doherty and The Guardian team.
Drones on

14 Jan

LisaVWood

Very hard to listen to. Slow, droning voices.
Vivid War Crimes Case disguised as libel case

26/12/2023

Alright Folks

Brilliant.
Like you are in the court!

02/12/2023

Cumulus49

As a survivor and child of a navy veteran who spent a lot of time in justice system I really respect this podcast as it lays out this sad trial - as at end of day nothing good happened in Afghanistan. But the big take away is that BRS is a narcissistic control freak who cannot take any responsibility and everyone else is lying and jealous, despite details being consistent and the villagers accounts. For a soldier to stand up in court against his friends and fellow soldiers is HUGE and devastating to their personal life. The defence questioning the military witnesses as they live with PTSD is disgusting. It’s interesting that BRS led a double life in his personal life and instead of asking for a simple medical record stalked his lover with a private investigator. And though the claims of DV are hard to prove - I don’t doubt he coerced and controlled the women in life as both women experienced similar behaviour, and a narcissist won’t want to lose their Father of the Year status. He def emotionally abused his wife - gaslighting her and using her to prop him up publicly. Great job as I enjoyed being able to hear facts and make up my own mind.

Australia’s most decorated living soldier, Ben Roberts-Smith, is suing three of the country’s most trusted newspapers for defamation over articles he says falsely accuse him of war crimes. Whatever the outcome, the ramifications will be immense for public interest journalism, Australia’s military and the man venerated as a modern-day war hero. You can subscribe to this podcast on Apple podcasts, Google podcasts or Spotify