Nick McKenzie

This was not a book that I would have picked up to read were it not for it being the pick for Avid Reader's Factually Speaking Book Club.

My relative disinterest was largely because it is the story of the much reported defamation claim brought by the very high profile Victoria Cross holder Ben Roberts Smith against Nick McKenzie and Chris Masters (and their respective newspapers). I had heard much of the claims ie that BRS (as he often known) breached the rule of law (yes, there are some in war) during his time serving in Afghanistan, including that he murdered at least one person.

Not being a criminal trial, but rather a defamation trial brought by BRS, the defendants in essence had to convince the Court that their reporting was in substance true on the balance of probabilities.

As the investigative reporters worked, it became very obvious that BRS was a polarising figure. Some were strongly on his side. Some refused to speak (even anonymously). Yet others spoke to the reporters but made clear that they would not willingly give evidence in court, except under subpoenaed. Even then, the defence team could not be such that the witnesses would not wilt whilst on the stand and recant their earlier commentary.

The book is very much the story of the trial, including how the reporters found themselves in court, the building of the defence and the trial itself. I understand that Chris Masters has also written a book covering much of the same story but goes into much more detail as to the evidence of what happened in Afghanistan.

In the end, the defence had done sufficient to enable the court to find that what the reporters had published was substantially true.

BRS has appealed the decision. And again, this was not a criminal trial, so there remains the prospect that BRS (and others named in the Brereton Report) will face criminal charges.

Whether or not that occurs, this episode represents an almost complete fall from grace by BRS, the Victoria Cross holder and Australian Father of the Year.

It is an easy read for anyone who wants to read more about this topic, though one might also consider Chris Master's book as well (which I have not read) given my comments above about it containing more detail as to what happened in Afghanistan.

Big Ship

6 October 2023… (altro)