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Radio host almost paralysed after horrific bike crash

Brisbane radio host Ben Dobbin is lucky to be alive after breaking his neck in a horrific bike crash. Dobbin, 48, was training for the Noose triathlon on Wednesday when he swerved to miss a snake on the road. The Triple M presenter crashed and was rushed to hospital and diagnosed with a fractured C5 vertebrae, and he underwent surgery on Thursday night. While on the road to recovery, he told the <a href="https://www.couriermail.com.au/entertainment/triple-m-star-ben-dobbins-horrific-bike-crash-leaves-him-hospitalised-with-broken-neck-and-spinal-injuries/news-story/3ceade005e05dc46bd9a197f352886d8" target="_blank" rel="noopener">Sunday Mail </a>that he was “that close” to being in a wheelchair for the rest of his life that it was “not funny”. “My front tyre clipped his back tyre and I lost control, shot across [the road], got spat out and went head first into the one and only steel pole,” he said. He recalled how the neurosurgeon that operated on him through his throat also told the father-of-five that there’s a risk he could lose his voice altogether, saying, “I told him ‘that’s my career’ and he said ‘my priority is to save you from being in a wheelchair for the rest of your life.’” Despite telling the outlet that “most people who have this type of injury don’t ever walk again”, Dobbin was up and taking his first few steps on Friday. “I don’t know how long I’ll be in hospital for, they haven’t told me,” he said. “I’ve been in agony, but it’s more the mental side of things that’s harder to deal with, if I’m honest." “I know one thing, I’ll never get on a bike again.” Dobbins co-hosts Leisel Jones and Liam Flanagan on The Rush Hour with Leisel, Liam and Dobbo informed listeners of the accident on Wednesday, saying that Dobbin was expected to make a “full recovery”. Image credits: Instagram

Caring

Aussie Olympic judge sent home after “inappropriate act”

Australian surfing judge Ben Lowe has been sent home from the Paris Games after an "inappropriate" photo with an athlete went viral. Lowe posed for a photo with Aussie surfer Ethan Ewing and his coach Bede Durbidge on the beaches of Tahiti - the largest island in French Polynesia where the Olympic surfing competition is taking place - to celebrate Ewing making it to the quarter finals. The photo of the men soon went viral with the caption, “Three Straddie (North Stradbroke Island) boys doing their stuff at the Olympics.” Despite the photo seeming completely harmless, the International Surfing Association (ISA) took swift action against Lowe. According to the ISA, Lowe, an experienced World Surf League judge, has been stood down in accordance with the ISA’s code of conduct and the International Olympic Committee’s code of ethics. The ISA released a statement overnight saying it removed Lowe from the judging panel for the remainder of the competition to "protect the integrity and fairness of the ongoing competition". "The ISA is aware of a photo circulating on social media in which one of the Olympic surfing judges from Australia is seen socially interacting with an Australian athlete and the team manager," the ISA said. "It is inappropriate for a judge to be interacting in this manner with an athlete and their team." The surfing federation said it had "communicated with all judges and teams to remind them of their responsibilities regarding appropriate behaviour". Image credits: Instagram

Travel Trouble

Student wrongly named as Bondi killer sues Seven Network

A 20-year-old university student who was wrongly named as the Bondi Junction killer has made moves to sue the Seven Network for defamation. As the terrifying rampage at the eastern suburbs Westfield unfolded on Saturday which resulted in the deaths of six people, Ben Cohen was named by the Seven Network as the knife-wielding man. Mr Cohen’s name was wrongly linked to the attack by Sunrise co-host Matt Shirvington shortly after 6am on Sunday and again by journalist Lucy McLeod just 10 minutes later. It wasn't until hours later that Seven identified the right man, Joel Cauchi, as the killer as journalist Sarah Jane Bell issued an on-air apology to Mr Cohen during the evening news bulletin. “Earlier this morning, reports of the incident incorrectly named the perpetrator as 40-year-old Benjamin Cohen,” she said on air. “It was later confirmed that the name of the 40-year-old is Joel Cauchi from Queensland. Seven apologises for any distress caused by our earlier reports.” Mr Cohen is still reeling from the incident, saying he has been targeted by online trolls on social media ever since he was wrongly named by the network. His name was one of the most trending topics on X in Australia the day of the mass stabbing, with many people quick to point out Mr Cohen's Jewish identity, claiming the stabbings were an act of violence in support of the war in Israel against Palestine. The university student has taken the first steps in launching legal action against the network, engaging with two of Australia’s foremost defamation lawyers in Patrick George of Giles George as his solicitor, and Sue Chrysanthou SC as barrister. Mr George confirmed he had sent a concerns notice to Seven, the first step in defamation proceedings. “We await a response from Seven,” Mr George told NCA NewsWire. Mr Cohen told <a href="https://www.news.com.au/national/nsw-act/courts-law/student-wrongly-named-as-westfield-bondi-junction-killer-moves-to-sue-seven/news-story/f4c67b123e19cbf3d5a6a6bf39708ea8" target="_blank" rel="noopener">news.com.au</a> earlier this week that he had been inundated with friend requests and messages on social media after being named by Seven, with the unwanted attention taking a toll on his mental health. “It’s just gone crazy, it’s like ‘look, you’ve got the wrong guy’,” Mr Cohen, a first year computer science student, told news.com.au. “People don’t really think too hard about what they’re posting and how it might affect someone. It’s very dangerous how people could just make stuff up and destroy people’s lives.” Image credits: news.com.au

Legal

"It's a dummy spit": Ben Fordham slams Police Commissioner

Ben Fordham has slammed the NSW Police Commissioner for pulling the pin on a radio interview at the last minute, with the radio host claiming she was requesting "favourable coverage". Karen Webb was set to appear on the 2GB radio show on Monday morning, after facing several months of public scrutiny due to a series of blunders. “But the commissioner is not coming on our show this morning, (she) called me on Friday to explain this,” Fordham said to his loyal listeners. He said she was not happy about a “cheeky” question he asked Premier Chris Minns earlier in the day, asking whether he had received her “letter of resignation”. “It’s a dummy spit and it’s another example of the commissioner taking things personally instead of looking for the lesson,” he said. Fordham went on to claim that Commissioner Webb had approached media executives to ask for "favourable coverage" before agreeing to be interviewed. “The NSW Police Commissioner has approached media bosses at Nine Radio and NewsCorp. I know this because one of the conversations was about me,” Fordham said. Fordham referred to the death of 95-year-old Clare Nowland, who was allegedly tasered by Senior Constable Kristian White at a Cooma aged care home in May 2023. “When I was asking questions about the lack of transparency over the Taser incident, the commissioner complained to my boss,” Fordham said. “It was clear to me what was going on, Karen Webb wanted me to ease up a bit.” He added, “Morale in the police force is tanking, and the commissioner has gone into hiding.” Pressure on the commissioner has increased since serving police officer Beau Lamarre-Condon was charged with the double murder of Sydney couple Jesse Baird and Luke Davies in February. Police allege he used a service weapon to kill the couple, prompting concerns over the force’s weapon handling protocols and leadership. Ms Webb was noticeably silent in the days that followed Mr Lamarre-Condon being charged, and when she did finally face the cameras, she was slammed for a series of embarrassing blunders, including referring to the alleged murder as a “crime of passion” and quoting Taylor Swift lyrics when asked if she should resign. Image credits: Getty Images

Legal

Papa Swift vs Paparazzi: Taylor Swift's dad accused of assault

In the midst of celebrations marking the conclusion of Taylor Swift's Eras tour in Sydney, an unexpected and troubling incident has emerged involving her father – Scott Swift. The 71-year-old has been accused of assaulting an Australian photographer, Ben McDonald, in the early hours of Tuesday morning at a Sydney wharf in Neutral Bay. According to reports confirmed by NSW Police, the alleged altercation occurred around 2:30am, following Taylor Swift's final performance in the city. It's said that Taylor and her father had been enjoying post-show festivities when the incident took place, tarnishing what should have been a joyous occasion. McDonald, who serves as the chief executive of Matrix Media Group, recounted the events to <a href="https://www.dailymail.co.uk/tvshowbiz/article-13128721/Taylor-Swift-father-Scott-assault-photographer-Sydney-wharf.html" target="_blank" rel="noopener">Daily Mail Australia</a>, shedding light on the confrontation. He stated that Taylor and Scott arrived at the wharf after travelling from Homebush on a luxury superyacht named Quantum. McDonald claims that after they disembarked, Scott allegedly 'charged' at him. McDonald originally thought that it was a security guard, and was surprised when he realised it was Taylor's dad. "In 23 years of taking pictures, I have never seen anything like it," he told the Daily Mail. "He probably decided he needed to defend his daughter, for some reason... She got off the boat, she walked towards security guards who were shoving umbrellas in our faces, and then he charged." Footage capturing the moments leading up to and following the alleged assault has surfaced, providing some insight into the incident. <a href="https://www.dailymail.co.uk/tvshowbiz/article-13128721/Taylor-Swift-father-Scott-assault-photographer-Sydney-wharf.html" target="_blank" rel="noopener">The video</a> shows Taylor and her father walking up from the wharf, shielded by large umbrellas held by security guards. Amid the commotion, McDonald attempted to capture the scene, and was obstructed by the guards protecting Taylor and her companions, including Mr Swift. In the aftermath, McDonald reported the incident to authorities. He did not sustain serious injuries, though he described experiencing discomfort and soreness on the left side of his face. Images: YouTube

Legal

Radio stars reveal their worst on-air moments

In celebration of 100 years of Australian radio, the who's-who of the Aussie airwaves have shared their most awkward interview moments. Ben Fordham, Amanda Keller and Fifi Box were among the radio presenters who recalled their worst on-air moments to <a href="https://www.news.com.au/entertainment/tv/radio/celebrity-interview-derailed-by-radio-stars-bulge/news-story/056c130ab09f85c3c9e14a0fdeb5587b" target="_blank" rel="noopener">news.com.au</a>, with the memorable moments ranging from mispronouncing a guest's name, to announcing the death of a celebrity who was very much still alive. 2GB's Ben Fordham revealed one of the more outrageous moments from his radio show, recalling when a caller asked him about classic Aussie TV show Simon Townsend's Wonder World. "I said, 'yeah, that was a great show. Sadly we lost Simon Townsend recently,' and then people started calling in saying, 'are you sure Simon Townsend is dead?'" he said. It turned out that Fordham had made an error, as it was actually Townsend's dog Woodrow who had died. He said, "When I came out of the ad-break I had to do a mop up job. It was pretty ugly." Amanda Keller from WSFM's Jonesy and Amanda shared a story about accidentally mispronouncing Weird Al Yankovic's name, despite her co-host trying to help her. "Jonesy (my co-host) kept telling me to pronounce his surname 'Yankovick', and I said, 'no, excuse me, it's pronounced 'Yankovich'." During the entire interview with the musician, Keller introduced the singer with her mispronunciation, and was eventually corrected by the singer when the time came for him to record a promo for the radio network. "It was humiliating," she said. Fifi Box recalled an experience back in 2013 when her then co-host Jules Lund blindfolded her and took her to a secret location for their show's 'Blackout Challenge.' "I was pregnant at the time, and basically found myself lying on a bed in a dark room being serenaded by the one and only David Hasselhoff!" she said. "The Hoff then decided it was funnier to take his pants off for an added extra surprise. Also, being heavily pregnant made the whole scenario a lot more awkward." Rounding out the awkwardness was KIIS FM's Will and Woody who had an uncomfortable interview with pop star Jennifer Lopez. "We overheard Jennifer Lopez screaming at her publicist about needing to do an interview with us. We were both dressed as Santa and had to go through the whole interview knowing that she really didn't want to be there," Will said. "Suffice to say that the interview wasn't one of our best." Image credits: Getty Images

Music

"He is underneath us": Kyle Sandilands' savage swipe at Ben Fordham

Kyle Sandilands took a savage swipe at 2GB radio host Ben Fordham on Thursday morning, after his KIIS FM show with Jackie O won this year's radio ratings. The Kyle and Jackie O show was ranked the number one breakfast show over Fordham's show five out of seven times in this year's surveys, with Fordham coming in close second with a 16.2 per cent share compared to the duo's 16.3 per cent share. "If you want to know what happened to Ben Fordham, he is underneath us," Sandilands said during his show on Thursday. "It's like having sex with someone and they die. That's Ben. Ben is the dead person." After the savage swipe, Sandilands gave a shout out to all of the employees working with him. "Once again, to our own staff, I've got to thank you all. We retain the number one overall position as the largest greatest most listened to radio show in the history of Australian radio," he added. As his colleagues cheered and applauded in the studio, Sandilands added: "Calm down now. So the biggest most listened to show ever in the entire history of radio, we are that. "Also the biggest radio station in the country well done for the whole team." The Kyle and Jackie O show have 797,000 people tuning in each week, with KIIS 1065 ranked as the number one radio station in Sydney. "It's another fantastic day for us at ARN," their Chief Content Officer Duncan Campbell said in a statement. "The positive momentum from the last survey has continued and it's great to see Kyle and Jackie O maintain their lead over Ben Fordham on 2GB." "The pair have had a phenomenal year – they not only remain unbeaten as the #1FM Breakfast show but have now held the #1 overall spot in Sydney for five out of seven surveys this year, meaning they've officially won 2023!" he added. The last time 2GB's Ben Fordham Live beat K the duo in radio ratings was in July, after months of coming in close. Fordham and Sandilands are actually good friends behind the scenes despite roasting and playing pranks on each other. Images: Instagram/ KIIS FM/ 2GB

Music

“That sounds dodgy”: Ben Fordham slams “bizarre” Voice to Parliament voting rules

Ben Fordham has slammed the “bizarre” rules Aussies will have to abide by when casting their vote in the Voice to Parliament referendum. The confusion over the rules for the upcoming vote was sparked when the Australian Electoral Commission (AEC) suggested that ticks will be counted as Yes votes but crosses will not be counted as No votes. On referendum day, which is widely expected to be October 14th, Aussies will be asked to write either “yes” or “no” in English on the ballot paper to the question, “A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice. Do you approve this proposed alteration?” On Wednesday, AEC commissioner Tom Rogers was asked by Sky News host Tom Connell how Australians will be asked to vote on the ballot. “It’s a bit simpler than a normal election, it’s a yes or no — are you accepting anything inside the box?” Connell said. “A tick, a cross, a yes, a number one? How broad will you allow this, given the intention of people is going to be pretty clear, you’d think?” Mr Rogers said it was a “great question”, saying, “Now there are some savings provisions, but I need to be very clear with people – when we look at that, it is likely that a tick will be accepted as a formal vote for yes, but a cross will not be accepted as a formal vote.” “We’re being very clear with people, part of our education campaign will talk about this, the materials in the polling place so people can look at it. But please, make sure you write ‘yes’ or ‘no’ clearly on the ballot paper in English. That way you can assure yourself that your vote will count.” Ben Fordham went on to slam Rogers’ comments, saying the ticks and crosses system would favour the Yes vote. “How bizarre,” he said. “A tick counts as yes but a cross does not count as no. That sounds dodgy. If you’re going to count the ticks, you’ve got to count the crosses, don’t you? Otherwise the yes camp has an advantage. Surely he would see the unlevel playing field here. But apparently not.” Fordham said the AEC “has one job”. “We’re giving them $365 million to hold the referendum,” he said. “Tom Rogers is on more than the Prime Minister, he earns $600,000 a year. How hard is it to get this right?” Opposition leader Peter Dutton also slammed the voting rules, urging Anthony Albanese to draft legislation to make it clear what will be accepted on the voting ballot. “It’s completely outrageous, to be honest,” he told 2GB. “I mean, if a tick counts for Yes then a cross should count for No. It’s as clear as that. Otherwise it gives a very, very strong advantage to the Yes case. I just think Australians want a fair vote. They want to be informed.” Image credits: 2GB / AEC

News

Ben Fordham calls out Bob Katter over Matilda's etiquette

Bob Katter and Ben Fordham were among the tens of thousands of sports fans who showed up at Accor Stadium in Sydney on Wednesday to support the Matildas in their semi-final match against England. The two were seated close to each other by chance, with Katter sitting directly in front of Fordham for the entirety of the match. Fordham called out Katter's lack of etiquette, after the 2GB host missed half of the game as his view was obstructed by Katter's giant Akubra, which he kept on throughout the entire game. Ben shared a snap of his unfortunate view on Instagram, writing, “80,000 people at the Matildas and I get seated behind Bob Katter.” <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CwAJ_tuRYl9/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CwAJ_tuRYl9/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Ben Fordham (@benfordham9)</a> </div> </blockquote> People took to the comments to condemn the act calling it “rude” and egging Fordham on to nudge the hat off the Queensland politician's head. "Take that stupid hat off Bob!!! Ben can’t see!!!" one person wrote, while other commented, "Ask him to take it off, that is so rude." Weighing in on the controversial act during his regular Today show segment on Thursday morning, Nationals MP Barnaby Joyce called Mr Katter out for the faux pas. “They’re there to stop you from getting melanoma, possibly keep your head warm if it is cold, but not to be worn in the house and certainly not to be worn in front of somebody because the person behind you has paid for their ticket,” Mr Joyce said. “Bob, they want to watch the soccer, not the back of your head – take your hat off, why did you take it to the football? It was at night, wasn‘t it?” Image credits: Instagram

Ben Fordham's surprising new side hustle

Ben Fordham has shared that he has joined the large group of Aussies who have picked up a side hustle as the cost of living crisis continues. The 2GB radio host has signed up to be an Uber driver, with his first passenger leaving him a generous tip. Speaking to business and financial commentator Peter Switzer during the Money Report on Thursday morning, Fordham confirmed he'd taken his "first passenger in an Uber." "Wen was her name, lovely lady," he said. "I picked her up not far from 2GB and dropped her to work and she gave me five stars and, Switz, she gave me a $3 tip." "Mate, you're killing it," Switzer said. "That's like a 10 per cent rise for you." "It's so good, you just switch it on and go, 'Alright, I've got an hour to kill here, I may as well make a bit of money'," Fordham explained. He explained he decided to sign up for the gig following the record number of Australians who have taken up second jobs to help cope with inflation and growing cost of living pressures. It was during the start of the Covid pandemic that Fordham first told Switzer he planned to "get a side hustle" along with everyone else. "And I said I was going to become an Uber driver, and guess what I've done this week?" "You're kidding," Switzer reacted. Switzer, who used to work as a school teacher during a period of high interest rates, said he was also forced to take on additional work to make ends meet, creating a cleaning business and working at the local RSL where he "pulled beers." "So I'm not surprised to see this surge in jobs," he said. "In America, I reckon more than half of American workers have what they call a side hustle ... a second job, so lots of people are responding to inflation, responding to higher interest rates and looking for more and more jobs." Image credits: 2GB <div style="box-sizing: border-box; margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: inherit; font-style: inherit; font-variant-caps: inherit; font-weight: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;"> <div class="OUTBRAIN" style="box-sizing: border-box; margin: 0px; padding: 0px; border: 0px; font-family: inherit; font-size: inherit; font-style: inherit; font-variant-caps: inherit; font-weight: inherit; font-stretch: inherit; line-height: inherit; vertical-align: baseline;" data-src="//honey.nine.com.au/latest/ben-fordham-new-side-hustle-uber-driving/c4f4d011-05f7-4879-b8af-93bc562144b8" data-widget-id="AR_8" data-external-id="556949cd9bf11d9567563f6b5d247e16"> </div> </div>

Money & Banking

"Totally absurd": Ben Fordham rages over Shakespeare content warning

Hold on to your quills, folks, because we've got ourselves a Shakespearean drama fit for the 21st century! It appears that the Bard's timeless works are now under fire at an international university, and our dear radio host, Ben Fordham, is not amused. The talk radio host is taking on an English degree's "content warning" that has been applied to none other than William Shakespeare. That's right: The great bard of yore now comes with a caution label. The University of Wales Trinity Saint David has allowed students studying "Error and Sweet Violence: Shakespeare and Renaissance Comedy and Tragedy" to exit stage left – much like Shakespearean characters fleeing their woes – if the content ever gets too spicy or confrontational. Any student, at any time, is permitted “to leave the class, interrupt their activity or take any measure necessary to take care of their wellbeing without the need for explanation or justification”. And what content in particular are they worried about? The saucy romantic comedy "Twelfth Night", featuring a cross-dressing heroine and more mistaken identities than a masked ball gone wrong. Othello, Measure For Measure, and Coriolanus also make the list of potential "trigger warnings". Fordham couldn't resist taking to the airwaves to voice his disbelief. "So Shakespeare is now the subject of a trigger warning," he proclaimed with a clear mix of humour and disbelief. <span style="color: #343541; font-family: Söhne, ui-sans-serif, system-ui, -apple-system, 'Segoe UI', Roboto, Ubuntu, Cantarell, 'Noto Sans', sans-serif, 'Helvetica Neue', Arial, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; white-space-collapse: preserve;">“You can just walk out of class, because university bosses are worried that some snowflakes may find the material too much. <span style="color: #343541; font-family: Söhne, ui-sans-serif, system-ui, -apple-system, 'Segoe UI', Roboto, Ubuntu, Cantarell, 'Noto Sans', sans-serif, 'Helvetica Neue', Arial, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji'; font-size: 16px; white-space-collapse: preserve;">Once upon a time universities challenged students and now they wrap them in cotton wool.” In the land of Twelfth Night, Viola dons a disguise to woo the Duke Orsino, but alas, love plays its twisted game, and Olivia falls for the cross-dressing charmer instead. How scandalous! It's like the plot of a Hollywood rom-com but with more ruffles and poetic monologues. “The play features a cross-dressing heroine and in 2023 you would think that wouldn’t raise an eyebrow,” continued Fordham. “But someone wants to protect the students from Shakespeare. Can you believe it?” Also joining the fray was English actress Felicity Kendal, who described the warning as “totally absurd”. “Great art is meant to challenge our senses, our feelings and our prejudices," Kendal said in an interview with the Daily Mail. "We should not be deterring students from engaging with these works." Images: Nine Network / Wikimedia Commons

Legal

Ben Fordham clashes with Albo over the Voice to Parliament

Ben Fordham has clashed with Anthony Albanese over the logistics of the Voice to Parliament in a fiery 40 minute interview. The radio shock jock interrogated the prime minister over how much influence the Voice will have if it is voted in by the public, with the pair clashing live on air. In the blistering interview, Fordham asked Albo about flagging support for the Voice to parliament and whether the model of Indigenous recognition and advisory body should be changed. “We know that when the Voice asks for something that you don't like, you’re going to say no anyway, so why not lead at a time like this and don’t risk the very important recognition in the constitution for Indigenous Australians by getting it tied up with the Voice?” Mr Fordham asked. “When you have a look at those numbers, it's falling through the floor, so why not use your power as Prime Minister … legislate the voice and let us vote on recognition.” <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-permalink="https://www.instagram.com/reel/Cu3IGhTth64/?utm_source=ig_embed&utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/reel/Cu3IGhTth64/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Joel Jammal (@joeljammal)</a> </div> </blockquote> The referendum, which would enshrine the advisory body in the constitution, will be put to the people later this year despite a decline in support reflected in recent opinion polls. Albo didn't hold back to Fordham's line of questioning, encouraging him to "get on board" with the change, and reiterated the radio host had the responsibility to not raise “red herrings” on his program about the reality of what the Voice could offer. “You know full well when this is successful and there is a Voice, you know it won’t have a veto (on government policy),” the Prime Minister began. “I understand, but I’m worried about it failing,” the radio host quipped back. “Well get on board Ben. Guess what. You’re in a position to make a difference and (fight) to help it succeed, as (are) other people in the media, by talking what it’s about, not by raising things that are not going to be relevant.” In recent months, the government has faced a barrage of questions from the opposition about the extent of influence the Voice will have, should Australians agree to establish the body in a vote at the end of the year. Fordham continued his questions as he asked if the Voice would have certain powers, which have been outlined by the "yes" campaign. “I wonder if you agree with them on some of the following points … yes or no, will the voice be able to speak directly to the RBA?” the radio host asked. “I can't talk directly to the RBA board and I’m the Prime Minister … Can I just make this point because I know where you’re reading from. You’re reading from the ‘no’ pamphlet,” Mr Albanese responded. Mr Fordham hit back and slammed the Labor leader for accusing him of not doing his own homework, saying, “Excuse me Prime Minister … I'm reading from my own questions that I have written so I don’t misquote people.” Albanese concluded his rant, slamming much of the media coverage around the Voice, and condemning many seemingly irrelevant conversations around the matter, saying, “We have had a debate about things that aren’t happening rather than about things that are.” Image credits: Getty Images / Instagram <div class="media image" style="caret-color: #000000; color: #000000; font-style: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: normal; orphans: auto; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: auto; word-spacing: 0px; -webkit-text-size-adjust: auto; -webkit-text-stroke-width: 0px; text-decoration: none; box-sizing: inherit; display: flex; flex-direction: column; align-items: center; width: 705.202209px; margin-bottom: 24px; max-width: 100%;"> </div>

News

No apologies: Ben Roberts-Smith breaks silence

Former SAS soldier Ben Roberts-Smith has returned to Australia for the first time since losing his defamation case against Nine newspapers. Roberts-Smith touched down in Perth on June 14 and said he was shattered by the outcome of his defamation case against The Age, The Sydney Morning Herald and The Canberra Times. This is the first time he has spoken out publicly since the landmark ruling. "It was a terrible result and obviously the incorrect result. We will look at it and consider whether or not we need to file an appeal," Roberts-Smith said after landing in Perth. "There is not much more I can say about it ... we just have to work through it and I'll take the advice as it comes.” He was spotted checking into business class with his girlfriend in Queenstown, New Zealand prior to touching down in Perth. Roberts-Smith rules out apologising to families of the victims impacted by his actions in Afghanistan. "We haven't done anything wrong, so we won't be making any apologies," he said. As he was collecting his luggage at Perth airport, he was approached by a man who voiced his support for the former soldier. Roberts-Smith's return comes on the same day as reports that an Australian Federal Police investigation into his alleged war crimes had collapsed. The decision by the Commonwealth Director of Public Prosecutions not to prosecute Roberts-Smith based on evidence collected by the AFP has led to a new joint task force being assembled to investigate alleged executions. The task force is comprised of detectives from the specialist war crimes agency, the Office of the Special Investigator and a new team of federal police investigators not related to the abandoned AFP probe. Roberts-Smith did not appear in the Federal Court when a judge found allegations he murdered or was complicit in the killing of four unarmed Afghans while deployed overseas were "substantially true” in a bombshell defamation ruling. The former soldier insists there was never any foul play. Image credit: A Current Affair

News

Ben Fordham spills on worst gift he ever gave his wife

Coming up with a surprise is already a hard enough task, but Ben Fordham might’ve been a bit too creative when he planned this hilarious gift for his wife Jodie Speers. The 2GB radio host shamefully - and hilariously - spilled the tea on the "one-of-a-kind" gift he got for his wife on the latest episode of He Said She Said with Shelly Horton. Fordham recalled visiting a building site with their three children and letting them spray-paint parts of the building, including an old toilet. He then decided to bring the painted toilet home as a surprise, which ultimately, didn’t impress his wife. "Jodie didn't like it, and so she said, 'Get it out of the house,'" he told Horton. Fordham admitted that it stayed in the "corner of the backyard for about a year" before he got rid of it. He tried to hilariously justify his thought process, "I thought she'd think it was cute, it was painted by her children, her flesh and blood!" Horton quipped that this was "possibly one of the worst presents I've ever heard of." The radio host then shared that he and his wife usually "tip each other off" about the gifts that they want, but they occasionally try to surprise each other. Both hosts eventually came to the conclusion that "experiences" are excellent gifts for long-term couples who already have "everything." Images: Instagram/9Honey

Relationships

Controversial call on Ben Roberts-Smith

Following the dismissal of Ben Roberts-Smith's defamation trial, politicians and defence experts argue that his belongings should remain in the Australian War Memorial until he is criminally proven guilty. The civil case saw Australia’s most decorated living soldier lose out to Nine newspapers due to claims he had committed war crimes, including a murder while deployed in Afghanistan. Amid the findings, <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">many have urged</a> Roberts-Smith should be stripped of his medals, including the Victoria Cross, and to have any mention of him removed from the Australian War Memorial. However, Liberal MP and former soldier Keith Wolahan argued that Roberts-Smith should still be featured in the memorial’s commemorations of the war in Afghanistan. He told ACB TVs Q+A program, “It’s a part of our history, but I think it should acknowledge the Brereton report and perhaps this defamation trial,” The Brereton report is the official inquiry by the Inspector-General of the Australian Defence Force that found a culture of unlawful killings, horrid initiation rituals as well as cover-ups within the Australian military during his time in Afghanistan. Wolahan said it may not be necessary to include references to the defamation trial until criminal investigations are finalised, saying that politicians should “stay out of criminal proceedings”. “Ben Roberts-Smith still has a right to appeal and there’s a question about whether there’s a criminal charge,” Wolahan said. “He’s entitled to the presumption of innocence and due process, but I think the Brereton report belongs in the War Memorial.” Wolahan is a three-tour veteran of Afghanistan and served as an operations officer, platoon commander and deputy chief of operations. The former captain added that the Australian Army “have to hold ourselves to a higher standard”. “When you look at the Brereton report, you cannot ignore it. Yes, it’s not at the criminal standard and that defamation trial was not at the criminal standard, but you cannot ignore the findings,” he said. The Q+A panel discussed the culture within the armed forces of the West, with war correspondent Michael Ware noting that soldiers must go to a “very dark place” to face war. “It says we’ve all participated in small war crimes, I know I’ve certainly seen my share of them,” he said. “And according to the laws of war, and I have to tell you, this is a harsh reality – we in the West – we kill children. “If an eight-year-old is placing a roadside bomb, a sniper can legally shoot that child.” He then argued that despite that, there is an even worse cultural issue within the Australian Army. “All that said, there is a line you don’t cross, you've got to have a moral compass ... it does appear to me that there was a culture that developed over a period of years within the regiment where this just became a part of the way they operated and Ben Roberts-Smith is not alone.” Image credit: Getty / Instagram

Legal

Father of murdered Aussie soldier voices support for Ben Roberts-Smith

The father of an Australian soldier murdered in Afghanistan has spoken out in defence of former SAS member Ben Roberts-Smith. Hugh Poate’s son, Robert, was playing cards with two other Australians when they were tragically shot by a rogue Afghan soldier named Hekmatullah in 2012. According to Poate, Roberts-Smith was simply following orders in a bid to apprehend Hekmatullah, who had brutally taken the lives of their son. Acting on intelligence, they were taken to the village of Darwan, where Roberts-Smith had allegedly kicked a farmer named Ali Jan off a cliff and ordered his execution. “These citizens in the village could well have been a civilian one day and pulling the trigger the next, that‘s the way the Taliban operated. This perspective should have been included to provide some balance and context,” Poate told the Daily Telegraph. The federal court <a href="https://www.oversixty.com.au/finance/legal/a-win-for-the-press-a-big-loss-for-ben-roberts-smith-what-does-this-judgment-tell-us-about-defamation-law" target="_blank" rel="noopener">dismissed</a> Roberts-Smith’s defamation trial against the Sydney Morning Herald, The Age, and the Canberra Times, with Justice Besanko concluding the various titles had substantially proven the former soldier unlawfully killed four unarmed Afghan prisoners during his service in the SAS between 2009 and 2012. The judgement also acknowledged instances of Roberts-Smith’s alleged bullying of fellow soldiers. However, the court dismissed two other murder allegations and an accusation that he had assaulted his mistress. In his thorough 736-page judgement, the judge determined that Roberts-Smith and four key witnesses called to testify were both dishonest and unreliable in their evidence. Following the release of the completed judgement, Roberts-Smith’s legal team is now closely inspecting the document to identify potential grounds for an appeal. Poate emphasised the fact that Hekmatullah was captured and convicted of war crimes and subsequently released. In comparison, Roberts-Smith <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">has not been convicted</a> of any war crimes. Potae perceives the treatment of Roberts-Smith as a case of double standards. Additionally, Poate asserted that the responsibility for any wrongdoing committed by the SAS in Afghanistan lies with others in the Australian Defence Force (ADF). By acknowledging the collective accountability within the organisation, Poate has suggested a wider perspective on the matter. Image credit: Getty

Legal

What should the Australian War Memorial do with its heroic portraits of Ben Roberts-Smith?

<a href="https://theconversation.com/profiles/kit-messham-muir-129956">Kit Messham-Muir</a>, <a href="https://theconversation.com/institutions/curtin-university-873">Curtin University</a> On Friday, the <a href="https://theconversation.com/dismissed-legal-experts-explain-the-judgment-in-the-ben-roberts-smith-defamation-case-191503">Federal Court dismissed</a> Ben Roberts-Smith’s defamation case against The Age, The Sydney Morning Herald and The Canberra Times. Justice Anthony Besanko ruled the newspapers had established, by the “balance of probabilities” (the standard of evidence in a civil lawsuit), that Roberts-Smith had committed war crimes. Following the ruling, much public debate has focused on what the Australian War Memorial should do with Robert-Smith’s uniform, helmet and other artefacts of his on display. Greens senator David Shoebridge <a href="https://twitter.com/DavidShoebridge/status/1664140665666826240">called for</a> the removal of these objects from public display to correct the official record and “to begin telling the entire truth of Australia’s involvement in that brutal war.” The topic of what to do with Roberts-Smith’s uniform and helmet was debated on <a href="https://www.youtube.com/watch?v=sH1oVNVJP1k">ABC’s Insiders yesterday</a>: should the display be removed, effectively cancelled, or changed to tell the full story? <h2>The case of the oil paintings</h2> It is not just these artefacts on display. The memorial also has two heroic oil painting portraits of Roberts-Smith by one of Australia’s leading artists, <a href="http://www.michaelzavros.com/">Michael Zavros</a>. These paintings were commissioned by the memorial in 2014. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=448&fit=crop&dpr=1 600w, https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=448&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=448&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=563&fit=crop&dpr=1 754w, https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=563&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/529980/original/file-20230605-16883-qhpzvv.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=563&fit=crop&dpr=3 2262w" alt="" /></a><figcaption>Michael Zavros, Pistol grip (Ben Roberts-Smith VC), 2014, oil on canvas, 162 cm x 222 cm. <a class="source" href="https://www.awm.gov.au/collection/C2092390">© Australian War Memorial</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></figcaption></figure> <a href="https://www.awm.gov.au/collection/C2092390">Pistol Grip (Ben Roberts-Smith VC)</a> is a larger-than-life-sized depiction of Roberts-Smith, camouflage arms outstretched, mimicking the action of holding a pistol. The smaller <a href="https://www.awm.gov.au/collection/C2092391">Ben Roberts-Smith VC</a> depicts him in ceremonial military uniform. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=442&fit=crop&dpr=1 600w, https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=442&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=442&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=555&fit=crop&dpr=1 754w, https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=555&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/529982/original/file-20230605-23-pgn7xe.jpeg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=555&fit=crop&dpr=3 2262w" alt="" /></a><figcaption>Michael Zavros, Ben Roberts-Smith VC, 2014, oil on canvas, 30 x 42 cm. <a class="source" href="https://www.awm.gov.au/collection/C2092391">© Australian War Memorial</a>, <a class="license" href="http://creativecommons.org/licenses/by-nc/4.0/">CC BY-NC</a></figcaption></figure> In an <a href="https://memoreview.net/reviews/the-anti-art-of-war-by-rex-butler-and-paris-lettau">article in arts criticism website Memo</a> yesterday, respected Monash University art historian Rex Butler and arts journalist Paris Lettau weighed into the debate. Butler and Lettau say Pistol Grip is: <blockquote> threatening, over-bearing, macho, hyper-masculine, celebratory, and enormous, like the man himself – some 220 centimetres wide and 160 centimetres high. </blockquote> When Zavros created his large portrait it was a depiction of a soldier doing what he was trained – and venerated – for doing. It is an aggressive pose that, given current developments, can be read in a much more sinister way. It touches on a far bigger question of how national institutions for the public memory of war address difficult and morally ambiguous moments in a national story. <h2>Moral and ethical ambiguity</h2> When the Canadian War Museum opened at its new site in Ottawa in 2005, its new displays included two paintings in their collection by Canadian artist <a href="https://www.theglobeandmail.com/opinion/article-in-her-powerful-portraiture-military-artist-gertrude-kearns-pays/">Gertrude Kearns</a>. The paintings, Somalia without Conscience, 1996, and The Dilemma of Kyle Brown: Paradox in the Beyond, 1995, dealt with one of the most shameful episodes in Canada’s military history, known as the <a href="https://en.wikipedia.org/wiki/Somalia_affair">Somalia Affair</a>. In 1992, the Canadian Airborne Regiment was deployed as peacekeepers to Somalia. In 1993, 16-year-old Shidane Arone was found hiding in the Canadian base, believed to have been stealing supplies. He was tortured, and soldiers photographed themselves with the semi-conscious boy. Master Corporal Clayton Matchee and his subordinate Private Kyle Brown <a href="https://www.vice.com/en/article/7x75xg/remembering-the-somalia-affair-canadas-forgotten-abu-ghraib-moment">were charged</a> with his murder and torture. Somalia without Conscience depicts Matchee posing with the beaten Arone, while The Dilemma of Kyle Brown depicts Brown symbolically holding two potential fates in his hands: a lightly coloured cube in his right hand, and a darkened cube in his left. It addresses an ethical grey area many soldiers face during active service when the hierarchy of command comes into direct conflict with conscience. Following the opening of the new Canadian War Museum, the presence of Kearns’s paintings sparked <a href="https://books.google.com.au/books?id=nltxDwAAQBAJ&pg=PT519&lpg=PT519&dq=%E2%80%9Cwas+not+only+telling+the+stories+of+heroism+and+courage+that+most+of+them+expected+to+be+told+but+also+stories+about+failures,+disappointments,+and+human+frailty%E2%80%9D&source=bl&ots=sfQZw_2qXL&sig=ACfU3U18i4X0ERdbg0wfOKXbnOIe1-5-pA&hl=en&sa=X&ved=2ahUKEwjXw6Sdk6v_AhXGVmwGHbRwDh0Q6AF6BAgJEAM#v=onepage&q=%E2%80%9Cwas%20not%20only%20telling%20the%20stories%20of%20heroism%20and%20courage%20that%20most%20of%20them%20expected%20to%20be%20told%20but%20also%20stories%20about%20failures%2C%20disappointments%2C%20and%20human%20frailty%E2%80%9D&f=false">intense debate</a>. Curator Laura Brandon received abusive emails from members of the public. <figure class="align-center zoomable"><a href="https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img src="https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px" srcset="https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=399&fit=crop&dpr=1 600w, https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=399&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=399&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=501&fit=crop&dpr=1 754w, https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=501&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/529986/original/file-20230605-23-vgma1q.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=501&fit=crop&dpr=3 2262w" alt="" /></a><figcaption>The Canadian War Museum in Ottawa. Shutterstock</figcaption></figure> The museum copped criticism from figures such as the head of the National Council of Veterans Associations, who <a href="https://www.cbc.ca/news/canada/ottawa/war-museum-s-paintings-anger-veterans-group-1.546113">called</a> the paintings a “trashy, insulting tribute” and urged a boycott of the opening of the new museum. Discussing this controversy in 2007, <a href="https://journals.sagepub.com/doi/abs/10.1177/1354856507072860?journalCode=cona">Brandon said</a> what upset veteran communities was that “their” museum: <blockquote> was not only telling the stories of heroism and courage that most of them expected to be told but also stories about failures, disappointments, and human frailty. </blockquote> Brandon remained steadfast the museum needed to address the messy ambiguities of war and, despite pressure, kept Kearns’s paintings on display for the duration of the exhibition. <h2>The complexity of contemporary art</h2> Brandon’s curatorial decision to display Kearns’s Somalia paintings strike at the heart of what is special and important about contemporary war art in a national museum. Contemporary art presents ethical and moral complexity, grey zones and a range of perspectives. This is vital in a healthy liberal democracy. While Brandon’s choice to show Kearns’s Somalia paintings attracted criticism, the museum remained committed to telling a story that is difficult, ethically and morally complex, and uncomfortable for Canadians. To remove Zavros’ portraits from display would remove the now-untenable hero narrative that once surrounded Roberts-Smith. But doing so would also rewrite public memory by effectively erasing an important part of why and how Roberts-Smith was revered. These portraits now represent a morally complex story that needs to be addressed by our national war museum. To remove the portraits would miss a valuable opportunity to debate important questions about how we construct hero stories. So, how could these portraits still be shown in future? Zavros’ portraits were already complex works. Following Friday’s announcement, it is more important they are seen in all their additional multi-layered and problematic complexity. The portraits show us how we create the nation through the stories we tell ourselves, and how dynamic that narrative can be. The portraits present a valuable opportunity to show narratives of war – like the stories of our own lives – are never simple, consistent and coherent. The portraits should be displayed in ways that address this complexity, capturing the evolving story of Roberts-Smith in explanatory wall text. There is an opportunity here to not simply “correct” the official record, as Shoebridge suggests, but to have a deeper conversation about the role of hero narratives in diverting attention away from more important public debates about Australia’s involvements in conflicts. Maybe this could be addressed in the art the memorial commissions in future. The most compelling contemporary art works – and the most valuable museum displays in our national institutions – are those that consider our complex stories, raise important and self-reflective questions, and challenge simplistic narratives. <img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/206934/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> Image credit: Getty <a href="https://theconversation.com/profiles/kit-messham-muir-129956">Kit Messham-Muir</a>, Professor in Art, <a href="https://theconversation.com/institutions/curtin-university-873">Curtin University</a> This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/what-should-the-australian-war-memorial-do-with-its-heroic-portraits-of-ben-roberts-smith-206934">original article</a>.

Legal

Ben Roberts-Smith’s furious phone call to fellow soldier

A livid Ben Roberts-Smith has berated a fellow soldier he believed had been speaking to the media about war allegations, demanding he “stick to the f**king code”, newly released audio has revealed. Nine’s 60 Minutes played a recording of the exchange between Roberts-Smith and a fellow SAS member known as “Soldier M” in 2018 amid a media frenzy. Soldier M is a relative of Australia’s most wealthy individual, billionaire Gina Rineheart, and prior to the phone call, Roberts-Smith had sent him a threatening legal letter, with the mining magnate CC’d in. “Yeah, it’s RS, mate,” Mr Roberts-Smith says in the audio. “Because I know you’ve talked s**t about me, right? I know that. “I’ve got no ill will towards anyone that has no ill will towards me, it’s real simple. So you know, like, I’m 100 per cent, I stick to the f**king code, mate, 100 per cent, and I have. So all the s**t that’s going on, I’m still probably the only c**t that hasn’t f**king spoken. “I don’t trust you, mate, I haven’t been able to trust you for a long time. You say we’re mates. We used to be actually, but for some f**king reason I’ve just become the centre of all evil for you and the group of people … “You’ve got a young child, I’ve got a f**king family, I want to move on, I’m so sick of f**king army, the unit and all the bulls**t. Just remember I was minding my own business, just trying to do my job, and I get attacked by all these f**king journalists. I haven’t spoken a word about it to anyone in the unit.” On June 1 Roberts-smith lost his lengthy defamation trial against Nine newspapers’ The Sydney Morning Herald, The Age and The Canberra Times. Following the verdict, The Australian War Memorial has faced calls to <a href="https://www.oversixty.com.au/news/news/australian-war-memorial-urged-to-remove-ben-roberts-smith-s-uniform-from-display" target="_blank" rel="noopener">remove the decorated soldier’s uniform</a> from its display. The 22-week trial saw 32 current and former SAS members provide evidence. One of the 32, known as “Person Y”, who has never spoken to the media, appeared anonymously on 60 Minutes on June 4. “You don’t win insurgencies on body counts, yet here is a guy who thinks he’s going to win the war by killing as many people as possible,” he told the program. “We are not above the law, we are not above the rules of engagement, but I think for him he felt he was above all that, that the rules don’t apply. Many people are having a hard time reconciling the fact that someone they thought was a national hero is in fact the complete opposite, proven to be a bully, a liar and a murderer. “It’s a tough pill to swallow, especially for a country that’s believed the lies for so long. “I think they thought they were above the law, that they were not going to be caught, that it was a free-for-all. “I think I could say on behalf of every guy who took the witness stand that none of us wanted to be there, that’s just not who we are.” One day after the verdict was reached, Seven CEO James Warburton revealed Roberts-Smith had resigned from the network. “We thank Ben for his commitment to Seven and wish him all the best,” he said. Image credit: Getty

Legal

A win for the press, a big loss for Ben Roberts-Smith: what does this judgment tell us about defamation law?

<a href="https://theconversation.com/profiles/david-rolph-118815">David Rolph</a>, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a> At the heart of the spectacular defamation trial brought by decorated Australian soldier Ben Roberts-Smith were two key questions. Had the Age, the Sydney Morning Herald and the Canberra Times damaged his reputation when they published in 2018 a series of explosive stories accusing him of murder and other crimes while in Afghanistan? And could the newspapers successfully defend their reporting as true? Today, in Sydney, Federal Court Justice Anthony Besanko found the newspapers were indeed able to establish the “substantial truth” of key allegations around killing of unarmed Afghan male prisoners. An <a href="https://twitter.com/Kate_McClymont/status/1664130451869663232">appeal</a> may still be on the cards, but this is a high-profile loss for a very prominent person. The costs will be substantial. The usual rule is that the losing party pays their own costs and those of the winning party. So, even though people say defamation law in Australia has a reputation for favouring plaintiffs, this case shows even plaintiffs do sometimes lose defamation cases in Australia. More broadly, this case shows how hard it is to use defamation law to repair any perceived damage to your reputation. Once a case begins, you never can control what will be said in court. <h2>What was this case about?</h2> The case centred on several defamatory meanings (or, as they’re known in defamation law, “<a href="https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/ben-roberts-smith">imputations</a>”) that Roberts-Smith said the papers had made against him. Among these were that he’d <a href="https://www.theage.com.au/national/110-days-41-witnesses-and-15-key-questions-to-answer-what-the-ben-roberts-smith-case-was-about-20230209-p5cjdp.html">killed</a> unarmed Afghan male prisoners and ordered junior soldiers to execute others in Afghanistan between 2006 and 2012. Roberts-Smith denied wrongdoing, but the newspapers had pleaded a defence of truth. That means to win this case, they needed to prove the meanings conveyed by their reporting – even if those meanings were unintended – were true. Besanko, reading a summary judgment today, said the newspapers were able to establish the substantial truth of some of the most serious imputations in the case. For other imputations, Besanko found the newspapers were able to establish “contextual truth”. Substantial truth means what is sounds like – that the allegation published was, in substance, true. Defamation law does not require strict, complete or absolute accuracy. Minor or inconsequential errors of detail are irrelevant. What matters is: has the publisher established what they published was, in substance, true? Contextual truth is a fallback defence. The court has to weigh what has been found to be true against what has been found to be unproven. If the true statements about the plaintiff were worse than the unproven statements, then the plaintiff’s reputation was not overall damaged by the unproven statements, and the publisher has a complete defence. In other words, Besanko found most of the imputations to be true. And, when considered against those which were not proven to be true, the remaining unproven imputations did not damage Roberts-Smith’s reputation. <h2>What does this case tell us about defamation in Australia?</h2> The court heard several explosive claims during the course of this trial, including that evidence on USB sticks had been put into a <a href="https://www.theguardian.com/australia-news/2021/aug/13/court-hears-ben-roberts-smiths-ex-wife-dug-up-usb-sticks-from-family-backyard">lunchbox and buried</a> in a backyard and that Roberts-Smith had allegedly <a href="https://www.theguardian.com/australia-news/2022/may/13/woman-who-says-ben-roberts-smith-punched-her-sustained-an-injury-in-a-fall-earlier-on-same-night-defamation-trial-hears">punched a woman</a> in their hotel room. Roberts-Smith said he didn’t bury the USBs or withhold information from a war crimes inquiry and denied that he had punched the woman. But the fact this widely scrutinised case yielded such astonishing testimony, day in and day out, shows how risky it is to use defamation law to restore perceived injury to one’s reputation. Defamation law is seeking to correct people’s views about the plaintiff. But it’s open to doubt that defamation law is actually any good at securing its own stated purpose of changing people’s minds about the plaintiff. The problem is the law is a very blunt instrument. It’s very hard to get people to change their minds about what they think of you. All litigation involves risk and defamation trials are even riskier. You never can control what can come out in court, as this litigation demonstrates so clearly. Roberts-Smith has sued to protect his reputation, but in doing so, a range of adverse things have been said in court. And whatever is said in court is covered by the defence of absolute privilege; you can’t sue for defamation for anything said in court that is reported accurately and fairly. <h2>The 2021 defamation law reforms</h2> The law that applies in the Roberts-Smith case is the defamation law we had before major reforms introduced in July 2021 across most of Australia. These reforms introduced a new defence known as the public interest defence. To use this defence, a publisher has to demonstrate that they reasonably believed the matter covered in their published material is in the public interest. As this defence didn’t exist prior to 2021, the publishers in the Roberts-Smith case used the defence of truth. If a case like this were litigated today following these reforms, it is highly likely the publisher would use the new public interest defence. Given the <a href="https://theconversation.com/lachlan-murdoch-could-well-have-won-his-crikey-lawsuit-so-why-did-he-drop-it-204279">Murdoch versus Crikey</a> case was settled, we may yet wait some time to see what’s required to satisfy the public interest test in a defamation case. But as today’s decision demonstrates, sometimes the truth alone will prevail.<img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/206759/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /> <a href="https://theconversation.com/profiles/david-rolph-118815">David Rolph</a>, Professor of Law, <a href="https://theconversation.com/institutions/university-of-sydney-841">University of Sydney</a> This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/a-win-for-the-press-a-big-loss-for-ben-roberts-smith-what-does-this-judgment-tell-us-about-defamation-law-206759">original article</a>. Images: Getty

Legal

Australian War Memorial urged to remove Ben Roberts-Smith’s uniform from display

The Australian War Memorial is being urged to remove Ben Roberts-Smith’s uniform from its display after the federal court dismissed the defamation case initiated by Australia’s most decorated living soldier. However, the Australian Special Air Association has argued it was “a very disappointing day” for veterans who had served in Afghanistan, noting the majority who had done the right thing were being “re-traumatised after having gone through a difficult war”. In the defamation case ruling on June 1, Justice Anthony Besanko found that, on the balance of probabilities, Roberts-smith kicked a handcuffed prisoner off a cliff in Darwin in 2012 before ordering a subordinate Australian soldier to shoot the injured man dead. Besanko also found that in 2009, Roberts-Smith had ordered the execution of an elderly man found hiding in a tunnel in a bombed-out compound codenamed “Whiskey 108”, including murdering a disabled man with a prosthetic leg during that same mission, with a machine gun. The majority of politicians in Canberra were hesitant to weigh in on the implications of the ruling, but the Greens described the judgement as “an important win for fearless journalism in the public interest”. David Shoebridge, the Greens’ defence and justice spokesperson said, “If this judgment stands, the first step in correcting the official record is for the Australian War Memorial to immediately remove Ben Roberts-Smith’s uniform from public display and to begin telling the entire truth of Australia’s involvement in that brutal war. “This is not justice for the families who lost loved ones or for the communities that have been brutalised by war crimes, but it takes us a step closer.” Shoebridge is also calling on the Albanese government to “urgently progress compensation for families of victims of alleged Afghanistan war crimes, one of the key outstanding recommendations of the Brereton report”. He has urged the attorney general, Mark Dreyfus, to “step in and end the unjust prosecution of Afghanistan war crimes whistleblower David McBride”. A spokesperson for the defence minister, Richard Marles, said, “This is a civil defamation matter to which the commonwealth is not a party and it would be inappropriate to provide comment.” Speaking to ABC TV, the national chairman of the Australian Special Air Service Association, Martin Hamilton-Smith downplayed the broader significance of the ruling, saying it was not a criminal proceeding. When speaking generally about investigations overseen by the Office of Special Investigator (OSI), he said one person had been charged to date over allegations of war crimes in Afghanistan — and raised concerns that “justice delayed is justice denied”. Hamilton-Smith called on OSI to “get these matters into a criminal court where they can be dealt with properly and the truth can be established”. In 2020, the Brereton report found “credible” information to implicate 25 current or former special forces personnel in the alleged unlawful killing of 39 individuals and the cruel treatment of two others. When asked whether Roberts-Smith should hand over his Victoria Cross, Hamilton-Smith said, “I think the only way you will get the real truth of this is to get it into the criminal court where both sides of the story can be told and beyond reasonable doubt the facts established.” A spokesperson for OSI said defamation proceedings were a “a civil matter between the parties”, adding, “It would not be appropriate to comment on specific allegations or whether they are the subject of investigation.” The Coalition’s foreign affairs spokesperson, Simon Birmingham, described the defamation ruling as “certainly significant”, and stated it was a legal process “that deserves to be respected”. However, he said it would be “a difficult day for many” of Australia’s current and former defence force personnel. “Australia is a country that applies a standard, in terms of expectations of our serving personnel and the transparency and accountability, that few other nations in the world apply,” Birmingham told ABC TV. “We should be proud of those standards but we should also be proud overwhelmingly of our personnel, of all who have served.” Birmingham was reluctant to make broader comments about the judgement’s implication for press freedom, adding the outcome would “obviously weigh heavily in terms of what proceedings may be initiated by others in future”. The shadow defence minister and former SAS captain Andrew Hastie was subpoenaed by the newspapers to give evidence during the defamation case but declined to comment. Image credit: Getty

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A win for the press, a big loss for Ben Roberts-Smith: what does this judgment tell us about defamation law?

Australian War Memorial urged to remove Ben Roberts-Smith’s uniform from display

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