It is generally accepted that " whistle blowers " that bring crime to public attention need to have their identity protected because they would otherwise be vulnerable to harm from the very people they have exposed to criminal sanctions. Investigative journalists in particular claim this as a privilege of their profession and would suffer imprisonment rather than reveal the identity of their sources.
That is very much a double edged sword. Australia's most decorated soldier is suing the nation's foremost newspaper, the Sydney Morning Herald for what he claims is defamation by two of their Walkley Award winning journalist's stories that accuse him of outright murder. At issue are forty-nine documents that Nick McKenzie and Chris Masters claim could expose the identity of their sources, which would breach their ethical duties.
Ben Roberts-Smith is the holder of the Victoria Cross for bravery, possibly the world's most prestigious decoration and the one that requires every officer, including those above that soldier's rank, to acknowledge that medal by giving it a salute. It is indeed a rare and precious decoration and is clearly the most superior award that can possibly be won in battle.
Roberts-Smith served in Afghanistan with Australian forces and a newspaper story in 2018 accused him of kicking an unarmed and handcuffed prisoner off a cliff before ordering an associate to shoot him. He claims this story painted him as someone who " broke the moral and legal rules of military engagement " and committed murder while on overseas deployment.
Mr Roberts-Smith denies any wrongdoing and claims the soldier alleged to have been ordered to shoot the prisoner had been stood down months previously. This case is due to go to trial this June and the Sydney Morning Herald is claiming that the articles do not defame Mr Roberts-Smith and that they can prove the truth of the allegations.
Mr Roberts-Smith has just lost a court action to have those forty-nine documents examined in court. The finding found that in order to disregard the journalists claimed privilege " it must be quite clear that there is information available which discloses the informant's identity, or enables the identity to be ascertained. " The Justice said " he wasn't satisfied there was a disclosure that had already displaced journalists privilege ".
What is quite clear is that the holder of the Victoria Cross and Australia's most decorated veteran who served in the Special Air Services is accused of a battlefield crime. It seems that his accusers will remain unknown and whatever the outcome by innuendo a stain will remain on Roberts-Smith's character.
The right to know also comes with responsibilities !
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