Category Archives: 31 Ben Roberts-Smith

Some have mistakenly asserted that the prosecution of Ben Roberts-Smith proves the principle of legal equality is well-respected in Australian law. It proves the reverse, writes CHRIS MERRITT in The Australian.

Andrew L. Urban  Roberts-Smith’s central position in evidence at the 2003 defamation trial was that the newspaper allegations were false and that all killings he was involved in were lawful engagements with insurgents during combat operations in Afghanistan. He denied … Continue reading →

Andrew L. Urban  Risk a prejudice-tainted guilty verdict or apply for a permanent stay of proceedings due to prejudicial publicity. These are his only (lose-lose) options. It is a devil’s dilemma. 

Andrew L. Urban “There is no dispute Roberts-Smith committed killings in Afghanistan. Indeed, it is for killing that he earned his Victoria Cross. But killing in wartime service is lawful and is not murder,” writes Noel Pearson. 

Andrew L. Urban On April 17, 2026, the legal system will face its first test – and its easiest – in the Ben Roberts-Smith case, dealing with his application for bail. The Ben Roberts-Smith trial could be years away. He … Continue reading →