High-profile journalist Nick McKenzie faces a heated courtroom scene as his personal past is laid bare, following his investigation that led to the downfall of esteemed soldier Ben Roberts-Smith - reported by STEPHEN GIBBS.
Faced Off: Australia's War Hero vs Accclaimed Journalist
Just the pair, a courtroom showdown, and a drama that's been unfolding in Australia for years. Ben Roberts-Smith, a decorated soldier, and Nick McKenzie, an investigative journalist - the dynamic duo drew a crowd at the Federal Court.
But it was a day of waiting as the two didn't exchange blows until well into the afternoon. McKenzie was there to face allegations of unethical practices while reporting on the defamation case that essentially branded Roberts-Smith a war criminal.
By the end of the day, McKenzie conceded to employing "deceptive methods" and "subterfuge" in his work, but only when it served the public interest.
Roberts-Smith, dressed in a smart blue suit and RM Williams boots, watched his antagonist under cross-examination by barrister Arthur Moses, SC. In the public gallery, he sat patiently, flanked by his father Len Roberts-Smith, a retired judge from the Supreme Court of Western Australia, and his mother Sue.
Three other individuals were nearby - Hugh and Janny Poate, the parents of Private Robert Poate, a soldier killed in Afghanistan.
During a break, Roberts-Smith shook hands with a New Zealander clutching a SAS beret, bearing the regiment's motto, before walking down the corridor.
McKenzie, who didn't testify during the defamation trial, was supported by The Age's editor, Patrick Elligett, Nine Publishing's executive editor, Luke McIlveen, and its managing director, Tory McGuire.
Roberts-Smith appeals against Justice Anthony Besanko's findings from June 2023, accusing him of complicity in the murder of four unarmed prisoners while serving in Afghanistan. The allegations originally surfaced in stories co-written by McKenzie in 2018 for The Age and The Sydney Morning Herald.
Roberts-Smith seeks to reopen his appeal due to a secretly recorded conversation between McKenzie and a witness known as Person 17 during the defamation action. Person 17, once Roberts-Smith's mistress, accused him of assault, but Justice Besanko found these claims unproven.
The recording emerged in early 2021, where McKenzie was heard telling Person 17 that Roberts-Smith's then-estranged wife and her friend Danielle Scott were providing information on his legal strategy regarding Person 17.
McKenzie was recorded saying, "I shouldn't tell you. I've just breached my f**king ethics in doing that."
Legal experts suggest that McKenzie's alleged breach of journalist ethics could have significant implications for the case and journalism in Australia[1][2]. Officially, McKenzie confirmed he employed "deceptive methods" if it was in the public interest.
Sources:[1] "Roberts-Smith defamation: Why Nick McKenzie's evidence matters," ABC News, Link[2] "Ben Roberts-Smith: Nick McKenzie under scrutiny over breach of journalistic ethics," The Sydney Morning Herald, Link
- The recording of McKenzie's conversation with Person 17, which emerged in early 2021, has raised probabilities of significant implications for the case and journalism in Australia.
- McKenzie, during the court proceedings, openly admitted to employing "deceptive methods" if it served the public interest, which could be related to the videos, news, and entertainment coverage that he works on.
- Smith's legal team is urgently seeking to reopen his appeal against Justice Anthony Besanko's findings from June 2023, due to the suspected defamation involving him and several celebrity personalities in the realm of social-media, movies-and-tv, and pop-culture.
- In an apparent echo of the defamation trial, Smith and his supporters were present in the public gallery, demonstrating agreement and solidarity during the cross-examination of McKenzie.
- The widespread discussion of the defamation case has led many to question the boundaries of news reporting on sensitive topics and the ethics involved in obtaining information concerning private individuals, like Smith and his family.
- As the intensity of the legal battle unfolds on social-media platforms, audiences eagerly watch and analyze the news, movies, and shows revolving around this dramatic battle between Smith and McKenzie, two prominent figures in Australia's pop-culture landscape.
