The parents of renowned veteran Ben Roberts-Smith, Sue and Len Roberts-Smith, attended the Federal Court proceedings to support their son amid allegations of war crimes stemming from reports by journalist Nick McKenzie, published in Nine’s newspapers. In 2023, the court found these allegations to be proven based on the balance of probabilities, indicating a significant legal challenge for Roberts-Smith.
In his appeal, Roberts-Smith claims there was a miscarriage of justice, citing an allegedly unlawful act by McKenzie, who purportedly obtained sensitive information regarding Roberts-Smith’s legal strategy. During recent court proceedings, audio emerged of a conversation where McKenzie acknowledges receiving briefings from Roberts-Smith’s ex-wife and a friend, stating, “I’ve just breached my f—ing ethics,” revealing concerns about the integrity of his journalistic conduct.
The Roberts-Smiths voiced their worries about the implications of McKenzie’s actions, questioning if these contributed to an unjust trial outcome. Their son has been subjected to ongoing vilification by McKenzie and the Nine media outlet for almost a decade, according to the couple. Roberts-Smith’s barrister, Arthur Moses SC, argued in the Federal Court that McKenzie’s alleged misconduct influenced the trial’s results unfavourably and requested a retrial to ensure fairness, especially given the recent appointment of the former legal representative for Nine as a Federal Court judge.
A decision regarding the appeal amendments is anticipated later. Ben Roberts-Smith’s distinguished military career saw him awarded the Victoria Cross in 2011 for his bravery in Afghanistan, but his reputation faced a significant blow after McKenzie’s allegations surfaced in 2018, which suggested he was involved in the killings of unarmed men during his service. The nature of these recent developments raises serious questions about the intersection of journalism, ethics, and the legal system in high-profile cases.