Ben Roberts-Smith’s landmark defamation case against Nine Entertainment has now been turned into a documentary titled Ben Roberts-Smith Truth On Trial. The documentary delves into the multi-year legal battle that the war veteran fought against Nine Entertainment, accusing them of defamation over articles that accused him of war crimes. The documentary, available on streaming service Stan, provides insights into the behind-the-scenes moments of the case.
Narrated by journalists Chris Masters and Nick McKenzie, who were responsible for reporting on Roberts-Smith’s alleged misdeeds, the documentary sheds light on their preliminary interactions with Roberts-Smith. Masters, who had previously written favorably about Roberts-Smith, recalls a meeting with him in 2017, where the war veteran seemed composed and impressive at first. However, as the conversation shifted towards other soldiers whom Roberts-Smith believed were against him, he displayed signs of anger and defensiveness, leading Masters to believe that he had something to hide.
Masters and McKenzie embarked on an investigation into the rumors surrounding Roberts-Smith’s actions in Afghanistan, particularly an incident where he allegedly kicked an unarmed Afghan civilian off a cliff. After a year of dedicated work, they gathered enough evidence to publish their first report in June 2018. The report revealed the cliff incident and the death of the Afghan man, Ali Jan. Following the publication of the report, more tips and information flooded in, solidifying their claims against Roberts-Smith.
Throughout the documentary, Roberts-Smith is depicted as attempting to intimidate the journalists and former SAS officers who spoke against him. He reportedly sent anonymous letters, made false allegations, and even orchestrated a police raid on an SAS member’s house based on fabricated claims. The documentary also highlights the discovery of a lunchbox belonging to Roberts-Smith, which contained USBs filled with disgraceful photos of SAS soldiers, including officers drinking from the prosthetic leg of an Afghan man they had killed.
Former SAS Squadron 3 medic Dusty Miller, one of the few SAS witnesses who went public during the defamation trial, shares his experience of the harsh conditions and the normalization of unacceptable behavior during their time in Afghanistan. Miller’s willingness to speak out played a crucial role in the case against Roberts-Smith.
After a 110-day trial, Justice Anthony Bensanko delivered a bombshell ruling in June, stating that Nine Entertainment’s claims of unlawful killings and bullying by Roberts-Smith were substantially true. However, Roberts-Smith has appealed the ruling, and the case is set to resume in February 2024.
The documentary provides a comprehensive look at the complexities and challenges faced by both parties throughout the defamation case. It sheds light on the efforts of the journalists to uncover the truth, the intimidation tactics employed by Roberts-Smith, and the damaging evidence that came to light. As the case continues to unfold, it remains a significant moment in Australian legal history with far-reaching implications for both the media landscape and the reputation of a decorated war veteran.
