Ben Roberts-Smith loses mammoth defamation battle against newspapers, reporters

A defamation case by war veteran Ben Roberts-Smith against three newspapers has been dismissed, after a judge found defences of substantial or contextual truth had been established over alleged unlawful killings, bullying and domestic violence.

The Victoria Cross recipient sued The Sydney Morning Herald, The Age, The Canberra Times and three journalists in the Federal Court over a series of stories published in 2018.

Mr Roberts-Smith said they contained false allegations of war crimes in Afghanistan, bullying of his former Special Air Service Regiment (SAS) colleagues and domestic violence against a woman in a Canberra hotel room.

Publisher Nine Entertainment relied on a truth defence, and both sides called current and former SAS witnesses.

Justice Anthony Besanko on Thursday ruled the publisher had established the substantial truth of the imputations linked to allegations of unlawful killings in Afghanistan, and had established the contextual truth of imputations linked to allegations of bullying and domestic violence.

He ordered the proceedings be dismissed.