It’s been revealed veteran soldier Ben-Roberts Smith just isn’t the primary in his household to have filed a defamation lawsuit – along with his mom beforehand launching authorized motion in opposition to a college principal.
Sue Roberts-Smith was working as a workers member at Perth‘s Swan Valley Anglican Neighborhood Faculty when she took the performing college principal, Michael Crawshaw, to court docket again in 2013.
She bizarrely filed defamation motion in opposition to Mr Crawshaw over 5 textual content messages he despatched his spouse about Ms Roberts-Smith in 2012 and 2013.
Court docket paperwork acknowledged that ‘pressure had arose’ between the pair on the college.
It’s unknown how the embellished soldier’s mom had data of the contents of Mr Crawshaw’s messages.
Ben-Roberts Smith’s mom Sue (pictured left, with husband Len Roberts-Smith) launched defamation motion in opposition to the performing principal of Swan Valley Anglican Neighborhood Faculty
The motion was heard within the Supreme Court docket of Western Australia – the identical court docket the place her husband, Len Roberts-Smith, beforehand sat on the bench as a choose.
Bennett & Co have been representing Mrs Roberts-Smith within the defamation case.
Mockingly, this was the identical authorized agency that represented one of many SAS troopers who testified in opposition to her son and was a key witness in his defamation case in opposition to the 9 newspapers over struggle crimes allegations.
The previous Particular Air Service comrade, codenamed individual 4, gave proof that he witnessed Mr Roberts-Smith kick farmer, Ali Jan, off a cliff in Darwan in southern Afghanistan in September 2012.
Particular person 4 additional testified that the villager, who was handcuffed all through the ordeal, was then dragged over to a tree afterwards and executed.
Mr Crawshaw represented himself within the case introduced by Mrs Roberts-Smith.
He filed a defence in July 2013, which he amended a month later. The principal constructed up his defence of spousal privilege and the textual content messages weren’t defamatory.
Mrs Roberts-Smith filed defamation motion in opposition to Mr Crawshaw over 5 textual content messages he despatched his spouse about Ms Roberts-Smith in 2012 and 2013 (pictured, Mrs and Mr Roberts-Smith arriving at the Federal Court docket for his or her son’s defamation case)
Bennett & Co, who acted for Mrs Roberts-Smith within the defamation case, have been the identical authorized agency that represented one of many SAS troopers who testified in opposition to her son (pictured with accomplice Sarah Matulin)
Spousal privilege is a typical legislation precept the place a married couple can’t be compelled to testify in opposition to every one other.
Counsel for Mrs Roberts-Smith filed submissions in assist of an software to strike out the amended defence.
Justice James Edelman – now a Excessive Court docket justice – dismissed the strike-out software because the defence of spousal privilege was ‘correctly pleaded’.
Justice Edelman outlined that communication between a married couple was not grounds for defamation motion.
It’s presumed that Mrs Roberts-Smith discontinued her authorized motion in opposition to Mr Crawshaw after acknowledging that authorized motion can’t be taken in opposition to an individual over the non-public textual content messages they ship their partner.
Her son additionally lucked out in his defamation motion in opposition to the 9 newspapers – The Age, Sydney Morning Herald and The Canberra Occasions.
Ben Roberts-Smith is interesting the Federal Court docket determination which discovered in opposition to him after he sued three newspapers for defamation
The Victoria Cross recipient has not been charged and maintains his innocence concerning the allegations
The Federal Court docket dismissed his defamation motion over media stories he was concerned in illegal actions as an SAS corporal, together with the homicide of 4 unarmed prisoners.
Mr Roberts-Smith had claimed he was defamed in 2018 stories by the three publications that he kicked Ali Jan off a cliff and ordered his execution, and machine-gunned one other prisoner, taking his prosthetic leg house as a memento ingesting vessel.
The three media firms have since hailed the dismissal of the instances as a big win.
They’re in search of their authorized prices from the previous soldier, in addition to from the Seven Community and Kerry Stokes’ non-public agency Australian Capital Fairness, which financially supported the lawsuits.
Ben Roberts-Smith is interesting the defamation judgement which discovered he had dedicated struggle crimes.
The Victoria Cross recipient has not been charged and maintains his innocence concerning the allegations.
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