and found the newspapers had proven to the civil standard – on the balance of probabilities – that Roberts-Smith was a war criminal who was complicit in the murder of four unarmed prisoners in Afghanistan.
Besanko did not find the news outlets had proven the former soldier committed an act of domestic violence against a lover, but he found that in light of other proven allegations, Roberts-Smith’s reputation had not suffered additional damage and that part of his case should be dismissed. The judge found that Roberts-Smith’s behaviour towards the woman, known as Person 17, was at times “intimidatory, threatening and controlling”.
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