Retired Commando Heston Russell says he is “disgusted” the Ben Roberts-Smith case played out in a civil court rather than the criminal justice system.
Justice Anthony Besanko dismissed Roberts-Smith’s defamation claims against Nine newspapers on Thursday and found the Victoria Cross recipient had committed murder and war crimes on the balance of probabilities.
In a fiery interview with Sky News Australia’s Peter Stefanovic, Mr Russell hit out at labels of Roberts-Smith as a war criminal, arguing the allegations needed to be tested in the criminal court.
“I’m disgusted that this is playing out in the court of defamation which is on the balance of probabilities not beyond reasonable doubt,” Mr Russell told Stefanovic on Sky News Australia’s First Edition on Friday.
“All of this needs to get out of civil proceedings and trial by media and into criminal court.
“We are all for transparency in this but what is happening at the moment is everyone’s grabbing a defamation case and saying he’s been found guilty of war crimes.
“He’s not charged or convicted of war crimes.”
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