SAS soldiers ignored 'despicable crimes', court hears

Elite troopers who finally testified in opposition to Ben Roberts-Smith in his defamation case have been prepared to show a blind eye to despicable battle crimes because of a SAS code of silence, a decide has been instructed.
Barrister Nicholas Owens SC, in his second day of closing submissions for the media shops being sued for defamation, mentioned a few of his personal witnesses' testimony mirrored poorly on them.
"Individuals have been prepared to show a blind eye to essentially the most despicable and egregious breaches of the legal guidelines of battle," Owens mentioned.

The defamation case launched by Ben Roberts-Smith is coming to a detailed.(Dean Lewins/AAP)

"It's ... a humanly comprehensible flaw in an individual who has labored very exhausting to attain one thing the place there's a tradition that claims 'do not rock the boat'.
"It would not mirror properly on anybody."
Individual 24 gave proof that he witnessed the embellished soldier execute an unarmed Afghan prisoner in a compound dubbed Whiskey 108 in April 2009. 
On the identical mission, Roberts-Smith both stood by or ordered his comrade and contemporary trooper Individual 4 to shoot the opposite detained prisoner, to "blood the rookie".
Whereas Individual 24 had "no qualms" with what the Victoria Cross recipient had accomplished, he gave proof as a result of influence of those occasions on his pal, Owens mentioned. 
"Individual 24 did not thoughts these two folks had been shot.
"It slightly removes any apparent motive to deceive get Mr Roberts-Smith in hassle when he's clearly troubled that Mr Roberts-Smith would possibly undergo penalties for doing one thing he didn't suppose was mistaken.
"(That is) why he was ready to inform the reality. To not help harmless victims in Afghanistan however Australian troopers who have been impacted because of the illegal conduct."

Barrister Nicholas Owens SC
Barrister Nicholas Owens SC argued some witnesses turned a 'bind eye' to alleged battle crimes.(9News)

Roberts-Smith is suing for defamation The Age, The Sydney Morning Herald and The Canberra Occasions over 2018 reviews claiming he dedicated battle crimes in Afghanistan together with homicide and acts of bullying and home violence.
The 43-year-old denies all claims of wrongdoing, whereas the mastheads are defending them as true.
Owens mentioned the media shops' witnesses had no motive to lie and have been usually compelled and unwilling to present proof in opposition to their former colleague. 
"The opposite facet of the choice for Your Honour, is a bunch of intently related witnesses certain by ties of robust friendship, enterprise, and in some circumstances, legal curiosity," Owens mentioned.
"Every of whom has a strong motive to lie, and every of whom got here and gave dishonest proof to Your Honour."

Ben Roberts-Smith barrister Arthur Moses
Ben Roberts-Smith's barrister Arthur Moses arrives at federal court docket earlier within the defamation trial.(Rhett Wyman/SMH)

Earlier Arthur Moses SC, on behalf of Roberts-Smith, submitted the media waged a sustained assault on the battle hero primarily based on hearsay, rumour and contradictory accounts from jealous and obsessed former colleagues.
Moses mentioned it shattered his popularity and even when vindicated in what was usually described because the trial of the century, it will take years for it to completely get well. 
The closing submissions from each events are anticipated to final eight days.
© AAP 2022

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