57 The applicant identified those matters in the articles which he contends convey or communicate guilt and not merely reasonable grounds to suspect. He did so by reference to the online article (Annexure F).
58 The applicant refers to the headline of the articles ("Beneath the bravery of our most decorated soldier"), the reference to Rosie Batty and himself and the statement that the photograph of the two of them fitted his public ethos, which was to value "moral courage" above physical prowess and "cherish your family every single day". He submits that the reference to "public ethos" points out to the ordinary reasonable reader the contrast between what is in the public arena and the "sordid" private reality.
59 The applicant submits that para 18 is important because it referred to interviews over almost a year of dozens of veterans, officials and people with knowledge of the applicant's personal conduct, including decorated soldiers who served alongside him (emphasis added). The applicant submits that that language suggests the meaning is one of truth, not one of reasonable grounds to suspect. The applicant highlights the reference to "disturbing rumours" and submits that that indicates to the ordinary reasonable reader the seriousness of the allegations. He refers to the statement in para 23 that the patrols under scrutiny featured him as a key player, either as a deputy or a lead patrol commander, and to the statement in para 25 that SAS veterans have also alleged to Fairfax Media that he bullied and intimidated fellow soldiers.
60 The domestic violence allegation is introduced in paras 27 to 30 and the applicant draws attention to para 30 and, in particular, the reference to senior defence officials later learning of allegations the woman raised with the police about what happened later that night at the Hotel Realm in Canberra, "an alleged act of domestic violence and intimidation". The applicant submits that the word "allegation" does not provide any "cover". The statement is repeated on two further occasions. With respect to para 32, the applicant submits that the statement in para 32 that he declined to respond to allegations cast him in a poor light as, in effect, a man "on the run".
61 The applicant next referred to para 39 and, in particular, the reference to multiple special forces insiders speaking to Fairfax Media and confirming that among the allegations made to the Inspector-General of Australian Defence Force Inquiry (IGADF Inquiry), was that the patrols the applicant helped lead brutally mistreated unarmed Afghans. The applicant said that the reference to the sources being "multiple" and to "insiders" suggests to the ordinary reasonable reader that what is being referred to is guilt, not reasonable grounds to suspect.
