I suspect he will be Court Martialled.

(BTW....it is one or the other.....either he is done in a civilian criminal court or by way of court martial.  Can't be both.)

I understand a Special (Military) Prosecutor has been appointed and that the Military are carrying the can at the moment.

They should, IMO.  This prick is their prick and this prick has sh on everything the Australian military is supposed to stand for.

They SHOULD deal with him.

He sh on their dung hill, he is one of theirs, and thus it is their problem to sort out.

Genuine trial by peers, wot?

Aussie wrote on Jun 10^th, 2023 at 2:40pm:


No. The same rules apply in Courts Martial as in a civilian court. A trial by a Defence Force Magistrate (essentially a Court Martial but with only one Member instead of three or five) may be possible however the presumption of innocence issue will still be in play.

There is also the issue of the Defence Force Discipline Act and what the actual charges would be. There is generally a time limit of five years to charge someone with a service offence, however I imagine the charges BRS would face would be considered as Territory Offences which would be subject to the relevant laws of the Jervis Bay Territory (ACT Law effectively)

Aussie wrote on Jun 10^th, 2023 at 4:40pm:


Beyond reasonable doubt, same as a civil court.

https://amp.abc.net.au/article/102423220

Australia's most decorated living soldier's reputation has been obliterated by the Federal Court, but that's not all he may lose.

Ben Roberts-Smith sat through more than 100 days of hearings in the mammoth defamation battle he mounted against The Sydney Morning Herald, The Age, The Canberra Times, and three journalists.

But on Thursday he was absent when Justice Anthony Besanko threw out the case, finding publisher Nine Entertainment had established a substantial truth to the most serious allegations of murder.

Defamation trials are decided on the balance of probabilities, which is the civil standard of proof. This is different from criminal responsibility, which would require charges to be proved beyond reasonable doubt.

Mr Roberts-Smith was steadfast in his repeated denial of the allegations — published in 2018 — of bullying, domestic violence, and war crimes related to his six tours of Afghanistan undertaken between 2006 and 2012.

Justice Besanko found that Nine had established a substantial truth defence and contextual truth defence to most of the imputations, or meanings conveyed.

He has delayed the release of his full judgement so the Commonwealth can make redactions to any information concerning national security information.

A lot of the evidence throughout the trial was heard in closed court, as to not disclose Australian defence secrets.

Justice Besanko has not determined whether the public will ever have access to those 50 pages of closed-court findings, when he releases his judgement, which will come on June 5 at the latest.

How Mr Roberts-Smith might pay

One of the most expensive defamation trial's in Australian history, it is estimated to have cost upwards of $25 million.

Shortly after it was dismissed, Nicholas Owens SC, on behalf of Nine, flagged he would be applying for costs.

The barrister asked for 21 days to prepare any third party and indemnity costs, which if granted would mean Mr Roberts-Smith is up for most, or all of defence's legal bill, along with his.

A directions hearing has been set down on June 29, to begin this process.

Seven West's executive chairman, Kerry Stokes, has been financially supporting the case of Mr Roberts-Smith, who was leading the network's Queensland operations. 

Mr Roberts-Smith took leave from his job after taking legal action, and Seven said they are still assessing whether he would return.

"Ben remains on leave and will review the judgement with us and make a decision on his future in the near future," Seven said in a statement.

"We will make no further comment at this time."

Nine previously broadcast secret recordings in which the veteran appeared to say he was indebted to the media mogul, offering up his Victoria Cross as collateral.

Medals and honours

After Mr Roberts-Smith was awarded the prestigious Victoria Cross in 2011, he became an icon for the Special Air Service (SAS).

His memorabilia is currently exhibited at the Australian War Memorial, which Greens Senator David Shoebridge thinks should be removed.

https://www.theguardian.com/australia-news/2023/mar/28/bail-for-former-sas-soldi...

Oliver Schulz: bail for Australian former SAS soldier accused of murdering Afghan man in war crime


A former Australian soldier alleged to have murdered an unarmed Afghan in a war crime a decade ago

Oliver Jordan Schulz, 41, faced the Downing Centre local court on Tuesday by videolink, dressed in a green prison tracksuit. He spoke only to say: “Thank you, your honour.”

Before granting bail under strict conditions, magistrate Jennifer Atkinson detailed Schulz’s alleged offence in court.

The decorated former Special Air Service trooper is alleged to have shot father-of-two Dad Mohammad, as Mohammad lay in a wheat field in the southern Afghanistan village of Deh Jawz in 2012.

Mohammad, the magistrate said, had fallen backwards and was lying on his back when confronted by the Australian troops, with his arms raised, holding prayer beads in one hand.

“He was quiet and not resisting,” Atkinson said, stating the video showed Australian soldiers discussing what they should do with the man.

“The accused then turns towards the Afghan man and shoots towards him three times. The man appears to go limp after the first shot.”

The dead man’s father said Mohammad had been struggling to feed his family, including his two daughters, and his body had been found shot in the head and through the heart, Atkinson said.

The allegations against Schulz state Mohammad “was not taking an active part in the hostilities” and Schulz “knew, or was reckless as to the factual circumstances establishing that the person was not taking an active part in the hostilities”.

Footage of the incident, shot on helmet cam, was broadcast on the ABC’s Four Corners program in 2020.



Australia federal police officers raided his home in May 2022.

The charge against Schulz is the first time a serving or former ADF member has been charged with the war crime of murder under domestic law.

If convicted, he faces a potential sentence of life imprisonment.

Because of the nature and gravity of Schulz’s alleged offence, there was a presumption against bail.

However, Atkinson said “exceptional circumstances” existed which warranted granting bail.

She said it would likely be 2024 or 2025 before a trial date was set for Schulz’s case, and that he faced a “difficult, onerous and potentially dangerous custodial environment”.


——————————

Given 👆 : Ben Roberts Smith will probably be charged then bailed to prep/fight his case on medical grounds. After that both Shulz and Smith will go on a pension on medical grounds (the ADF have generous pension entitlements).

Lisa Jones wrote on Jun 9^th, 2023 at 6:25pm:


Hi Lisa,
he went rogue - fighting the war his own way -
a bit like Colonel Kurtz in Apocalypse Now -
you should watch that movie.

Laugh till you cry wrote on Jun 10^th, 2023 at 1:27pm:



Hand you over a 300 ft cliff you arsehole.

Aussie wrote on Jun 10^th, 2023 at 5:23pm:


I was referring to a civilian court, as opposed to a military one, and the defence will make the same claim about presumption of innocence. Even military officers can be swayed by the media.