Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/2

DEFAMATION — where imputations concern the applicant's involvement in two murders —— mission to Whiskey 108 on 12 April 2009 — factual disputes — were Afghan men found in the tunnel — location of the body of EKIA56 — extensive challenges to the honesty and reliability of witnesses — where respondents have established the substantial truth of the relevant imputations DEFAMATION — incidents involving the applicant during pre-deployment training at Lancelin and Bindoon — where incidents alleged are not directly relevant to any imputation in issue — factual dispute — whether the incidents alleged in the Particulars of Truth took place — whether evidence is inadmissible on the basis that it is tendency evidence — whether applicant’s conduct constituted preparatory conduct DEFAMATION — where the imputations concern the applicant's involvement in the murder of an unarmed Afghan male — mission to Darwan on 11 September 2012— where evidence given by local Afghan witnesses — factual disputes — whether the interpreter was sent back before the southern set of compounds was cleared — whether the unarmed Afghan male was kicked off a cliff by the applicant — whether there was an agreement between the applicant and Person 11 that the unarmed Afghan male be killed after the cliff kick — whether a throwdown was placed on the body — whether the applicant made false report about the engagement — where respondents have established the substantial truth of the relevant imputations DEFAMATION — where the imputations concern the applicant's involvement in a murder — mission to Chinartu on 12 October 2012 — factual disputes— whether the time of engagement recorded in the OPSUM deliberately false — whether Person 12 was present on the mission — where respondents have established the substantial truth of the relevant imputations DEFAMATION — mission to Syahchow 18–20 October 2012 — where witness objects to giving evidence on the grounds of self-incrimination (s 128 of the Evidence Act 1995 (Cth)) — whether or not there are reasonable grounds for the objection — where the allegations in the Particulars of Truth are not made out DEFAMATION — where imputations concern the applicant’s involvement in a murder —mission to Fasil 5 November 2012 — factual dispute — identification evidence — where the allegations in the Particulars of Truth are not made out

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