Ben Roberts-Smith Verdict
Tables turned on Ben Roberts-Smith – and Kerry Stokes
This is a stunning victory that few expected. Yes, there was a feeling among lawyers for The Sydney Morning Herald, The Age and Canberra Times that they had done enough to prove that Ben Roberts-Smith had committed war crimes in Afghanistan, reports Nine Publishing’s Michael Pelly.
That’s because the newspapers didn’t need to prove all the allegations around the murder of six unarmed Afghanis in 2009 and 2012, just one.
They did much better than that; convincing trial judge Anthony Besanko that Roberts-Smith he was complicit in four deaths – three directly and one indirectly.
But this was a well-resourced defendant with a rich benefactor in Kerry Stokes, top silks at his disposal and a reputation as a decorated war hero. Media don’t win those cases – or even take them to trial – especially when the allegations are so hard to prove.
See Also: Ben Roberts-Smith defamation trial: Judge hands down his verdict
Stokes unaware of Ben Roberts-Smith Bali break
Ben Roberts-Smith hardly looked a picture of serenity as he sank into a poolside sun-bed at a Bali resort on Wednesday, report The Australian’s Yoni Bashan and Christine Lacy.
Duly papped by a television crew, Margin Call could only wonder if Kerry Stokes had encouraged or even financially aided the disgraced former war hero to skip town. After all, the mogul has paid for literally everything else up to this point.
But we hear Camp Stokes was none too happy at the sight of BRS at the $500-a-night resort in his budgies, and most certainly did not fund a red cent of the flight and accommodation.
They weren’t even aware of it, we hear.
It helps explain part of Stokes’s response to the media on Thursday, in which the billionaire said that he hadn’t “a chance to have a discussion with Ben as yet, but I will when he has had a chance to fully absorb the judgment”.
Which sounds like a subtle suggestion that BRS better didi mao home if he wants any appeal to be funded.
Appeal flagged by Ben Roberts-Smith’s lawyers, experts say
The judgment handed down in the Ben Roberts-Smith trial could be appealed within weeks, despite a “complete win” for the media companies accused of defaming him, report News Corp’s Eli Green and Lauren Ferri.
The decorated war veteran lost his defamation case against the Nine newspapers on Thursday, as Justice Anthony Besanko ruled imputations put forward across eight articles by The Sydney Morning Herald, The Age and The Canberra Times were found to be substantially true, or that the newspapers had established contextual truth, meaning those imputations not found substantially true did not further harm Roberts-Smith’s reputation.
Arthur Moses, Ben Roberts-Smith’s barrister, flagged the potential appeal when faced with a barrage of reporters outside the court.
“We will consider the lengthy judgment his honour has delivered,” he said.
Moses remained tight-lipped on whether he had spoken to Roberts-Smith and refused to answer the question of whether the war veteran was “hiding out” in Bali.
Why the Ben Roberts-Smith verdict is not a complete victory for journalism
Ben Roberts-Smith’s personally disastrous defamation case is not the complete victory it seems for Australian journalism. The gruelling five-year legal battle will leave the Nine stable out of pocket by a seven-figure sum, even after payment of costs, reports Hugh Riminton for The Guardian.
As he took the train from his home on the NSW Central Coast to hear the judgment in Sydney, veteran investigative journalist Chris Masters was in a ruminative mood.
“Sadly, irrespective of the outcome, this won’t be encouraging to brave, responsible, risk-taking journalism,” he told me. “If this is what it takes, it’s too much.”
A defamation specialist, Dr Matt Collins KC, said “no new law” was created in the Roberts-Smith case. “It was purely about the facts, who was telling the truth.”
The new ground was the sheer financial scale.
A senior legal source with intimate knowledge said the final bill could top $35m, including the costs for Commonwealth barristers who attended court.
The two main parties, Roberts-Smith and the journalists and outlets he was suing, are believed to have run up at least $25m between them.
Business of Media
Australia’s online gambling regulation far behind global pack, advocates find
New research shows Australia is lagging behind Europe and other parts of the world in regulating online wagering, as gambling reform advocates push for the federal government to quickly bring in new regulation, reports The Guardian’s Josh Taylor.
According to new analysis from the Alliance for Gambling Reform, Australia is far behind a broad range of countries including Belgium, the Netherlands, Germany, Italy and Spain in curbing gambling advertisements, or online gambling.
In Germany since 2021, online casinos, poker and virtual slot operators are banned from advertising on TV, radio and the internet between 6am and 9pm, and the country has announced a mandatory deposit limit of €1,000 (A$1,640) a month across all forms of gambling.
A parliamentary inquiry into online gambling and its associated harms is due to report back in the coming weeks. The committee’s chair, Labor MP Peta Murphy, has previously said the inquiry’s final report would consider “what other jurisdictions have and are doing to reduce gambling harm”.
CNN names David Leavy chief operating officer
CNN tapped Warner Bros. Discovery WBD chief corporate affairs officer David Leavy as its chief operating officer, bringing in a seasoned executive from its parent company to help chief executive Chris Licht manage a network that is facing steep ratings declines, reports The Wall Street Journal’s Isabella Simonetti and Joe Flint.
A top lieutenant to Warner Bros. Discovery chief executive David Zaslav, Leavy has a varied background that includes experience in politics and communications.
In recent weeks, Leavy had been working closely with Licht on a search for a chief operating officer and the two had developed a close relationship leading to the appointment, a person close to the situation said. In his new role, Leavy will take over commercial, operational and promotional activities across CNN, according to an email from CNN detailing the appointment on Thursday.
He will start his new role on June 20 and will be based in Washington, D.C.
Elon Musk reclaims title of world’s richest person
Elon Musk is once again the world’s richest person after leapfrogging French billionaire Bernard Arnault, after a slump in the value of Arnault’s LVMH luxury goods empire, reports The Guardian’s Rupert Neate.
The 51-year-old maverick head of Tesla and owner of Twitter has seen his fortune recover to $192bn (£153bn) – up $55bn from the start of the year – while Arnault’s wealth has fallen by $5bn in the past 24 hours to $187bn according to Bloomberg’s daily updated billionaires’ index.
Arnault had overtaken Musk as the world’s most wealthy person in December last year after the value of LVMH shares soared amid booming demand for its luxury products. At the same time, Musk’s wealth had fallen as Tesla’s share price slid on investor fears that he might be preoccupied with his recent purchase of Twitter.
Arnault’s wealth then continued to soar, topping $200bn in April as the value of LVMH – which owns brands including Louis Vuitton, Christian Dior and Moët & Chandon champagne – hit a record high. However, since then analysts’ concerns that the luxury goods bubble may be bursting have sent LVMH shares falling by more than 10%, depressing the estimated value of Arnault’s fortune.
Radio
Moana Hope to host business show Entrepreneur Her on radio station Disrupt
Moana Hope says she’s in a “really good place” as a single mum, full-time worker and now with a new radio gig, reports News Corp’s Jackie Epstein.
It emerged last month the former AFLW star split from wife Isabella Carlstrom after four years of marriage.
They have each given birth to a child — Carlstrom to daughter Svea and Hope to son Ahi — with the help of Monash IVF.
“I’ve had a lot going on but I’m in a really good place,’’ Hope said.
“We’re selling our house, Bella and I, that’s going on the market soon and I’ve moved into a new place five minutes from where Svea lives and as long as I’m around them I’m happy. That’s all that matters.”
“It’s OK to have a life outside of raising kids and working 16 hours a day. I’m looking forward to going out more and having me time. With work (in the construction industry), radio and being a single full-time mum to Ahi, I deserve it.”
Hope is joining new radio station Disrupt to host a new business show called Entrepreneur Her.
Launching mid-year, she will have a daily show, on air and digital channels, built on an open discussion of women in business.