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Judge dismisses defamation lawsuit brought by decorated Australian soldier

Ben Roberts-Smith leaves the Federal Court in Sydney, Australia, on March 17, 2022, in his defamation lawsuit. A judge ruled on Thursday to dismiss the claims. File Photo by Dan Himbrechts/EPA-EFE
Ben Roberts-Smith leaves the Federal Court in Sydney, Australia, on March 17, 2022, in his defamation lawsuit. A judge ruled on Thursday to dismiss the claims. File Photo by Dan Himbrechts/EPA-EFE

June 1 (UPI) -- , saying the journalists did their due diligence to find "substantial" and "contextual" truth to their reporting.

Justice Anthony Besanko said The Sydney Morning Herald, The Age and The Canberra Times established truthful information in reporting on alleged war crimes against Special Air Service veteran Ben Roberts-Smith in a series of stories they ran in 2018.

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Roberts-Smith, a Victoria Cross awardee, has denied all war crime charges along with domestic violence claims and allegations he bullied colleagues that the papers also uncovered.

Besanko ruled that the publisher had established the substantial truth in the claims of unlawful killings in Afghanistan, along with contextual truth in the allegations of bullying and domestic violence.

"I am disappointed at hearing of the result in today's judgment," said supporter Kerry Stokes, the chairman of Seven West Media. "The judgment does not accord with the man I know. I know this will be particularly hard for Ben, who has always maintained his innocence."

Journalist Chris Masters, who was named in the lawsuit, expressed running the stories were a "great" call, but humbled by the seriousness of the charges against a decorated veteran.

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"I'm not standing here as a loser, but I don't think that anybody comes out of a matter like this feeling exultant and triumphant," Masters said.

Attorneys for Roberts-Smith said they are examining the ruling and will determine later if they will appeal the decision.

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