Ben Roberts-Smith defamation case ‘based on a lie’ as he knew allegations were true, court told

Newspapers have argued Roberts-Smith should not have brought his defamation case and should pay costs from when he first sued

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Ben Roberts-Smith’s defamation case against three newspapers was an “abuse of process … based on a lie”, because he knew the allegations of war crimes made against him were true, the federal court has been told in an ongoing dispute over who should pay for the marathon trial.

The former SAS corporal, Australia’s most decorated living veteran, tried to conceal his war crimes, and should be compelled to pay after he comprehensively lost his case in June having rejected an earlier settlement offer from the newspapers, Nicholas Owens SC, acting for the papers, told the court.

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