Afghan witnesses can give evidence from abroad in Ben Roberts-Smith case: court

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Breaking: Four Afghan nationals who allegedly witnessed Australian soldiers commit war crimes will give evidence remotely in the defamation trial brought by SAS veteran Ben Roberts-Smith | gmitch_news

over a series of stories published in 2018, which he says are defamatory because they portray him as someone who “broke the moral and legal rules of military engagement” and committed murder.Mr Roberts-Smith argues the articles wrongly suggest that he disgraced his country and the Australian Army through his conduct overseas. He was deployed to Afghanistan six times between 2006 and 2012 as a soldier in the SAS.

In a defence, the newspapers have argued the articles do not convey the defamatory imputations pleaded by Mr Roberts-Smith and he is not identifiable in some of them. Justice Besanko said one witness was expected to give evidence that he saw his uncle, Ali Jan, get kicked off a cliff by Mr Roberts-Smith in September 2012 in the village of Darwan.“He claims he saw the applicant kick Ali Jan off the small cliff,” Justice Besanko said in a judgment on Thursday.

Three other witnesses who also lived in Darwan at the time are expected to give evidence that they saw or heard parts of the alleged incident.

 

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