Summary of "The secret $700k payout to a Ben Roberts-Smith witness"
Overview
New South Wales editor Steven Rice outlines a major late development in Ben Roberts‑Smith’s long-running defamation battle with Nine Entertainment: Nine secretly paid a key witness (referred to in reporting as “person 17,” Roberts‑Smith’s former mistress) about $700,000 after she had given evidence, apparently to prevent further allegations.
Key developments
- Nine paid person 17 roughly $700,000 after she had given evidence in the defamation trial.
- Person 17 had made serious claims in Nine’s reporting and in court about Roberts‑Smith’s conduct in Afghanistan (including assault and killings).
- She also accused Nine reporter Nick McKenzie of improper conduct — alleging McKenzie told her he had access to Roberts‑Smith’s legal defence and that he broke a promise not to identify her as a source.
- After giving evidence, person 17 threatened legal action against Nine and McKenzie and then received the large settlement.
Trial findings
- In the defamation trial, Nine successfully defended most of its reporting on the balance of probabilities.
- The judge found Roberts‑Smith had killed four Afghans, a finding that severely damaged his reputation as a decorated soldier.
- However, the judge found insufficient evidence to prove the specific assault allegation against Roberts‑Smith involving person 17.
The payment and its implications
- Rice describes the $700,000 payment as highly unusual and “explosive.”
- He explains that media organisations sometimes pay to quietly resolve legal or reputational risks even when they believe they acted properly.
- The late settlement raised questions about motives, timing and the effect on public understanding of the trial’s evidence.
Wider practical risks of defamation litigation
- Suing for defamation can be financially and personally damaging even for successful plaintiffs: lengthy litigation, legal costs, and reputational consequences often follow.
- Rice cites other high‑profile Australian examples (discussed in the interview) to illustrate how costly and damaging these fights can be.
Public reaction and lasting impact
- Public reaction is mixed:
- Some Australians may sympathise with Roberts‑Smith because of the wartime context and the harsh realities of combat.
- Others accept the court’s findings and the reputational consequences that followed.
- Rice’s closing view is that the story and its reputational fallout are unlikely to settle completely. As he puts it:
“The Ben Roberts‑Smith case is never over.”
Presenters / contributors
- Steven Rice (The Australian’s New South Wales editor)
- Unnamed interviewer (host)
Category
News and Commentary
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