The former soldier brought a lawsuit despite knowing the war crimes allegations were true, according to the media outlets that now want him to pay their costs.
Nicholas Owens SC is representing the newspapers.“Your honour was presented with a case that was either true or false to the applicant’s knowledge,” Owens said. “He was the moving party to the litigation … he was the person who brought this whole thing into existence.”
“It corrupts the whole process of what happens after that because it involves bringing forward of false evidence … it involves a public and ... vehement challenge to the honesty and reliability of witnesses that your honour knew were fundamentally honest, and it means the whole conduct of the litigation becomes a waste of both court and party time and money,” Owens said.
Roberts-Smith had brought the case, according to Moses, because of the “provocation” by the newspapers that he was a “war criminal who had assaulted a woman”, and it was “not for them” to suggest he was a criminal. The reports of allegations of war crimes were “not investigative journalism,” he added, because they were already being investigated by the Inspector-General of the Australian Defence Force.
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