It’s been revealed veteran soldier Ben-Roberts Smith is not the first in his family to have filed a defamation lawsuit – with his mother previously launching legal action against a school principal.
Sue Roberts-Smith was working as a staff member at Perth‘s Swan Valley Anglican Community School when she took the acting school principal, Michael Crawshaw, to court back in 2013.
She bizarrely filed defamation action against Mr Crawshaw over five text messages he sent his wife about Ms Roberts-Smith in 2012 and 2013.
Court documents stated that ‘tension had arose’ between the pair at the school.
It is unknown how the decorated soldier’s mother had knowledge of the contents of Mr Crawshaw’s messages.
Ben-Roberts Smith’s mother Sue (pictured left, with husband Len Roberts-Smith) launched defamation action against the acting principal of Swan Valley Anglican Community School
The action was heard in the Supreme Court of Western Australia – the same court where her husband, Len Roberts-Smith, previously sat on the bench as a judge.
Bennett & Co were representing Mrs Roberts-Smith in the defamation case.
Ironically, this was the same legal firm that represented one of the SAS soldiers who testified against her son and was a key witness in his defamation case against the Nine newspapers over war crimes allegations.
The former Special Air Service comrade, codenamed person 4, gave evidence that he witnessed Mr Roberts-Smith kick farmer, Ali Jan, off a cliff in Darwan in southern Afghanistan in September 2012.
Person 4 further testified that the villager, who was handcuffed throughout the ordeal, was then dragged over to a tree afterwards and executed.
Mr Crawshaw represented himself in the case brought by Mrs Roberts-Smith.
He filed a defence in July 2013, which he amended a month later. The principal built up his defence of spousal privilege and the text messages were not defamatory.
Mrs Roberts-Smith filed defamation action against Mr Crawshaw over five text messages he sent his wife about Ms Roberts-Smith in 2012 and 2013 (pictured, Mrs and Mr Roberts-Smith arriving at the Federal Court for their son’s defamation case)
Bennett & Co, who acted for Mrs Roberts-Smith in the defamation case, were the same legal firm that represented one of the SAS soldiers who testified against her son (pictured with partner Sarah Matulin)
Spousal privilege is a common law principle where a married couple cannot be compelled to testify against each another.
Counsel for Mrs Roberts-Smith filed submissions in support of an application to strike out the amended defence.
Justice James Edelman – now a High Court justice – dismissed the strike-out application as the defence of spousal privilege was ‘properly pleaded’.
Justice Edelman outlined that communication between a married couple was not grounds for defamation action.
It’s presumed that Mrs Roberts-Smith discontinued her legal action against Mr Crawshaw after acknowledging that legal action cannot be taken against a person over the private text messages they send their spouse.
Her son also lucked out in his defamation action against the Nine newspapers – The Age, Sydney Morning Herald and The Canberra Times.
Ben Roberts-Smith is appealing the Federal Court decision which found against him after he sued three newspapers for defamation
The Victoria Cross recipient has not been charged and maintains his innocence regarding the allegations
The Federal Court dismissed his defamation action over media reports he was involved in unlawful actions as an SAS corporal, including the murder of four unarmed prisoners.
Mr Roberts-Smith had claimed he was defamed in 2018 reports by the three publications that he kicked Ali Jan off a cliff and ordered his execution, and machine-gunned another prisoner, taking his prosthetic leg home as a souvenir drinking vessel.
The three media companies have since hailed the dismissal of the cases as a significant win.
They are seeking their legal costs from the former soldier, as well as from the Seven Network and Kerry Stokes’ private firm Australian Capital Equity, which financially supported the lawsuits.
Ben Roberts-Smith is appealing the defamation judgement which found he had committed war crimes.
The Victoria Cross recipient has not been charged and maintains his innocence regarding the allegations.
