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The life and times of Ben Roberts-Smith

Victoria Cross recipient Ben Roberts-Smith has suffered a huge defeat, ending an almost five-year legal battle between the former-SAS corporal and three media outlets.

Justice Anthony Besanko found a number of the incidents detailed in the 2018 reports published by The Age, The Sydney Morning Herald and The Canberra Times about war crimes committed by Roberts-Smith were substantially true.

Roberts-Smith denied the allegations. We take a look back at the life and times of the former SAS soldier.

READ MORE: Former SAS soldier Ben Roberts-Smith's defamation claims thrown out

Ben Roberts-Smith during the ANZAC Day parade at the Shrine of Remembrance in Melbourne in 2017.

1978: Born in Perth, the son of Sue and Len Roberts-Smith, who became a Supreme Court judge, Army Reserve major general, judge advocate general of the Australian Defence Force and chair of an independent task force that examined abuse in the ADF

1994-1995: Completes secondary education at Perth's private Hale School for boys.

1996: Joins the Australian Army, taking part in two tours of East Timor.

2003: Posted to the Special Air Service Regiment. Marries Emma Groom.

2006: On his first tour of Afghanistan, the then-lance corporal awarded the Medal for Gallantry for actions as a patrol scout and sniper.

2009: During SAS mission in Uruzgan province it's later alleged he made a "rookie" soldier execute one of two unarmed Afghans taken prisoner from a tunnel and that he executed the other, who had a prosthetic leg.

2010: For his "most conspicuous gallantry" and "valour" during his fifth tour of Afghanistan in the battle of Tizak on June 11, he's later awarded the Victoria Cross. The Roberts-Smiths' twin daughters are born.

2012: His leadership and courage as a patrol commander on more than 50 high-risk operations is later recognised with a Commendation for Distinguished Service; In Uruzgan, he's alleged to have kicked a handcuffed and innocent farmer off a cliff, before that man was dragged across a creek bed into a cornfield and shot dead.

2013: Retires as full-time soldier and forms consultancy, RS Group Australia. Named Australian father of the year.

2014: Appointed chair of the National Australia Day Council (until 2017).

2015: Appointed deputy general manager of regional television network Seven Queensland; Promoted to general manager.

2016: Roberts-Smith graduates with an MBA from the University of Queensland.

2018: Sues the publishers of The Sydney Morning Herald, The Age and The Canberra Times for defamation over allegations of war crimes, bullying and domestic violence.

2020: Separates from Emma Roberts; Brereton report finds credible evidence of 23 incidents in which a total of 39 Afghan nationals were unlawfully killed and identifies 25 current or former ADF personnel accused of perpetrating war crimes.

2021: Defamation trial between Roberts-Smith and media outlets begins in the Federal Court, Sydney, in June.

2022: Trial finishes in July.

2023, June 1: Justice Anthony Besanko dismisses Roberts-Smith's case against the media outlets, finding most of the war crimes and bullying allegations against him substantially true, with a defence of contextual truth accepted in the domestic violence allegation involving an unnamed woman.

Nine, the publisher of this website, is also the publisher of The Sydney Morning Herald and The Age. 

Roberts-Smith's defamation claims thrown out

Ben Roberts-Smith, Australia's most-decorated living soldier, has failed in his defamation bid against three newspapers The Age, The Sydney Morning Herald and The Canberra Times.

Roberts-Smith had sued the newspapers around allegations of five unlawful killings of Afghans the newspapers claim he either committed or was complicit in.

A Federal Court judge found allegations Roberts-Smith murdered or was complicit in the killing of four unarmed Afghans while deployed overseas were "substantially true" in a landmark defamation ruling.

Victoria Cross recipient Ben Roberts-Smith outside the Federal Court in Sydney in 2022.

Justice Anthony Besanko has delayed his written judgement from being distributed.

The court found during a raid on the Whiskey 108 – the name given by the SAS to a compound in the village of Kakarak – Robert-Smith unloaded his machine gun into an Afghan man with a prosthetic leg.

He then ordered the killing of another unarmed Afghan.

This leg was taken back to base by another soldier as a trophy and used by Australian troops as a drinking vessel.

The court also found Roberts-Smith was complicit in the murder of Afghan farmer Ali Jan at Darwan in 2012. Roberts-Smith kicked the unarmed and handcuffed man off a cliff and into a river bed.

Exhibits uploaded by the Federal Court in the Ben Roberts-Smith defamation trial show pictures of the village of Darwan, where Roberts-Smith was involved in the murder of farmer Ali Jan.

Jan was then dragged along a creek bed to the edge of a corn field and shot by another soldier.

The fourth murder the 44-year-old was complicit in, was when in October 2012 Roberts-Smith ordered an Afghan ally to kill an Afghan male they were questioning, who was not demonstrating signs of violence.

The final accusation was the alleged murder of an unarmed Afghan teenager in November 2012 – but this was not proven by the newspapers.

The trial also heard allegations of domestic violence by Roberts-Smith against a woman who was referred to in court as Person 17.

These were not proven, however as the seriousness of the claims that were found to be true are more seriously damaging to his reputation, this was dismissed.

These findings were made as part of a civil case and are not findings of criminal guilt.

Dame Quentin Bryce awarded Ben Roberts-Smith with his Victoria Cross in 2011.

'Justice'

Investigative journalist Nick McKenzie summed up the case in one word, "justice".

Outside court, Nine's Managing Director of Publishing James Chesell described the outcome as a win for public interest journalism.

"The judgement is a vindication for journalists Nick McKenzie and Chris Masters, who began reporting this difficult and complicated story more than seven years ago," he said.

https://twitter.com/Ageinvestigates/status/1664128325118464001

"It is a vindication for the many people in our newsrooms and our organisation who supported this important public interest journalism.

"And, most importantly, it's a vindication for the brave soldiers of the Australian Defence Force's SAS who served their country with distinction and then had the courage to speak the truth about what happened in Afghanistan."

'Not the man I know'

Kerry Stokes — Roberts-Smith's boss, financial backer, and the chairperson of Seven West Media — has released a statement following the ruling.

"I am disappointed at hearing of the result in today's judgement. The judgement does not accord with the man I know. I know this will be particularly hard for Ben, who has always maintained his innocence.  

"That his fellow soldiers have disagreed with each other, this outcome will be the source of additional grief. 

"I haven't had a chance to have a discussion with Ben as yet but I will when he has had a chance to fully absorb the judgement."

The trial

The defamation trial began in June 2021 and sat for 110 days over 13 months, and heard from 41 witnesses including three who gave evidence from Afghanistan.

It has been described as a proxy-war crime trial, raising uncomfortable questions about the Australian defence force, and testing the limits of press freedom.

It's also been the closest look at the covert operations undertaken by Australian special forces overseas the public has known.

During the trial the soldier's lawyers argued that the allegations published by the newspapers and journalists Chris Masters and Nick McKenzie were sensationalist, based on rumours and accounts from jealous and obsessed former colleagues.

Ben Roberts-Smith outside Federal Court in Sydney

There was an eight month break in the middle of proceedings due to the COVID-19 pandemic, and when hearings resumed SAS witnesses were called by the newspapers.

The specialist soldiers who gave evidence were protected at all costs, snuck in and out the building so as not to blow their cover.

They were also given codenames, and many were granted certificates preventing any admissions of evidence that may have implicated them from being used against them in criminal proceedings.

Some parts of the hearings were conducted in closed court because of the national security implications.

Nine, the publisher of this website, is also the publisher of The Sydney Morning Herald and The Age.

Human remains found in WA confirmed as missing man Corey O'Connell

Human remains found in Western Australian bushland have been confirmed to be those of missing man Corey O'Connell.

The remains were found by police on May 15 in a state forest near Nannup, in the state's south-west.

The 26-year-old man was last seen walking along Brockman Highway in Jalbarragup, south-east of Nannup, after leaving his car on June 24, 2021.

READ MORE: Child dies in house fire in Alice Springs

Police said the remains were located close to a previous search zone, which concluded in March.

O'Connell's family has been notified.

Officers returned to the location today and another search is underway over an expanded area in a bid to locate further remains.

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Man admits holding woman at gunpoint after drug bender

Warning: This story contains details and content that some readers may find distressing.

When Steven Anthony Salafia's advances were rejected he armed himself with a gun and kept a woman at his mercy for hours after a four-day sleepless drug bender.

The now 31-year-old made it clear during a one-year friendship that he wanted an intimate relationship but the woman refused before blocking him on social media, a Queensland court has been told.

After his phone calls and texts were ignored Salafia knocked on the door of the woman's house one evening in January 2021, returning when she told him to go away.

READ MORE: Ben Roberts-Smith's defamation claims thrown out

The final time he had a firearm, appeared intoxicated and erratic and threatened to shoot the woman and her partner, prosecutor Mitch Whelan said on Thursday.

"He held the gun up and said, 'I should blow your f—ing head off'."

The woman drove from her house to ensure Salafia left but "for some bizarre reason" allowed the armed man to get in her car, Brisbane District Court Judge Katherine McGinness said.

With his finger on the trigger Salafia pointed the gun at the woman, telling her to drive to Chermside in Brisbane's north.

She shook and cried as she drove to his house where he appeared to load the gun before keeping her in the car for four to five hours.

Salafia threatened to kill the woman, said he loved her and apologised and put the gun to his throat before telling her to pull the trigger and kill him.

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He warned of getting into a shootout with police while holding her hostage.

Each time the woman begged to return home to her children he pointed the gun at her and became agitated.

She drove away when Salafia went into his house.

He was arrested at home with a sawn-off shotgun, telling police he had been on an ice bender for four days without sleep.

The court was told Salafia had a very traumatic upbringing and an extensive criminal history.

READ MORE: Another Aussie building company collapses

There was significant risk of physical harm to the woman because of Salafia's intoxication and the weapon, Judge McGinness said.

"You essentially kept the complainant at your mercy over a number of hours," she told Salafia.

Judge McGinness took into account his guilty pleas, saying they saved the woman the trauma of testifying in court.

"It shows an acceptance of responsibility by you for your actions," she told Salafia.

She handed down a head sentence of four years behind bars, suspended after the 493 days Salafia has spent in custody since his arrest.

Readers seeking support can contact Lifeline on 13 11 14 or beyond blue on 1300 22 4636.

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One of Australia's fastest growing builders collapses

Building company A1A Homes and its subsidiary A1A Commercial Builders have been revealed as among the latest casualties of Australia's construction industry crisis.

The business, which is based in Point Cook in Melbourne's south-west, went into administration on May 2.

For investors and first-home buyers, the news has come as a "stressful" surprise, with many telling 9News they are now seeking legal action.

READ MORE: Drivers could be forced to drive with their headlights on during the day under safety push

Baljinder Pal Singh signed a contract with A1A Homes to build his five-bedroom investment property at Truganina in June 2021.

It was meant to be completed in four months.

"It's really stressful I would say and I really don't know where to go from here," he told 9News today.

He said he had a fixed price contract in place, but said the builder soon began asking for more money, up to $50,0000, citing increased costs.

"They have actually taken money from people and they stopped building. I think by god's grace I was lucky," he said.

Kathleen Vouris and Richard Albarran from Hall Chadwick have been appointed to the administrations.

READ MORE: Masked men armed with machetes storm home in Melbourne's west

A1A homes have built houses  in Victoria, New South Wales, South Australia, Northern Territory and Western Australia.

"With over 15 years of experience, A1A Homes has built a reputation for being one of the fast growing [sic] builders in Australia," its website reads.

A1A Commercial Builders has been marketed as "a leading construction company with over 20 years industry experience".

Its website says it has been responsible for building schools, including Melbourne South Primary School for the Department of Education, as well as retail and commericials builds.

Clients are now seeking legal action.

It comes as victims of the Porter Davis collapse have been offered a financial lifeline from the state government.

Although today, Premier Daniel Andrews wouldn't commit to providing similar support for those impacted by A1A's collapse, leaving it in the hands of administrators.

"Going into administration is not necessarily the end," he said.

"If it's done right, if the fundamentals are there, there is every opportunity to push through and finish the work they are contracted to do."

Creditors will meet for a second time to discuss the future of A1A Homes on Tuesday.

9News.com.au have contacted A1A Homes and Hall Chadwick for comment.

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