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Today Extra bids farewell to beloved reporter

Davina Smith has delivered all the latest breaking news to Today Extra viewers across the country for the last 10 years. In an emotional send off on Thursday, the beloved journalist became teary-eyed as she said her goodbyes on the show. "I'm just so thankful, it's the best job in the world, we have heartbreaking stories to tell, but the team behind the scenes are extraordinary," Davina said through tears. "We're so lucky to sit beside incredible people, but have people in our ears and in our hearts every day who are helping so much - thank you." Her colleague and dear friend David Campbell also had a special message for her. "I actually can't believe I'm doing this video," he began. "I just want to say that it's been a real honour to sit next to you, to work with you, I've learned so much over this period of time working with you. "I know we've had a lot of laughs, I know we've had a lot of banter, I know you've thrown a lot of pens at me, but I also wanted to tell you how much I actually respect you, not only as a journalist, but as a person, as a human and very much so as a parent. "You are going to be sorely missed, my friend, don't make me cry." Davina will continue to work for Nine, but is taking on a new role as a reporter for A Current Affair in Queensland. Her new role will give her more time to spend with her daughters, Hope and Rose and her husband mark. Images: Today

Maggie Smith farewelled in emotional funeral

Dame Maggie Smith has been farewelled in a "poignant but not sad" funeral service. The intimate service was attended by Smith's closest friends, family and colleagues, as mourners gathered at the Mortlake Crematorium in London to celebrate her life. According to one attendee, guests paid tribute to the late actress with "brilliant eulogies" and by "belting out hymns", with the service described as "beautiful, warm, and full of laughter". "Such a beautiful goodbye to Maggie Smith today," the guest said. "It was warm and funny and full of love and brilliant eulogies, with the best hymns bringing belted out by all. It was poignant but not sad because hers was a life so richly lived." "I knew her because of [the guest's husband's] decades of working with her but I adored her." "[The guest's daughter] was traumatised when she first met her as she knew her as the terrifying housekeeper Mrs Medlock in The Secret Garden! Maggie was as funny and sharp as it gets. One of the greats." The news of Dame Maggie Smith's <a href="https://oversixty.com.au/health/caring/harry-potter-stars-pay-tribute-to-dame-maggie-smith" target="_blank" rel="noopener">death</a> was confirmed by her family, who announced she has died on September 27th at the age of 89. Smith's sons Chris Larkin and Toby Stephens wrote in a statement, “She passed away peacefully in hospital early this morning, Friday 27 September." “An intensely private person, she was with friends and family at the end. She leaves two sons and five loving grandchildren who are devastated by the loss of their extraordinary mother and grandmother.” Image credits: Daily Mail

Caring

Cleo Smith’s abductor learns fate

Terence Kelly has learned his fate after his lawyers attempted to have his sentence reduced. Kelly abducted Cleo Smith from her parents' tent at a remote West Australian campsite north of Carnarvon in late 2021, sparking a massive manhunt before she was found at his home by police 18 days later. The 37-year-old appealed to have his 13 year and six months sentence shortened, with the decision handed down in court on Monday that the sentence would stand. After being jailed in April 2023 following his admission that he kidnapped Cleo, his lawyers argued his mental impairments, including severe personality dysfunction, contributed to his decision to snatch the young girl. His lawyers also maintained the sentencing judge erred in finding Kelly's use of methamphetamine had a "significant and causal role in the offending". They also say the judge didn't give enough consideration to Kelly's childhood disadvantage and trauma. In sentencing, WA District Court Chief Judge Julie Wager said Kelly's actions were at the "highest level of seriousness" and that Cleo and her family would be "permanently impacted". In the court's ruling on Monday, the court accepted the sentence was "severe" but found it reflected the seriousness of the crime. "On any view, the appellant's abduction of such a young and highly vulnerable child from her parents, at night, and then holding her captive in his house for 18 days was extraordinarily serious," Justices Robert Mazza and Stephen Hall found. "As tragic as the appellant's background is, the sad fact remains that his risk of reoffending required that the sentence imposed upon him have regard to the sentencing objective of public protection." Kelly had faced a maximum of 20 years in jail but he got a 25 per cent discount of five years for his early guilty plea. Image credits: Getty Images / Instagram

Legal

Harry Potter stars pay tribute to Dame Maggie Smith

The stars of the Harry Potter franchise have paid tribute to Dame Maggie Smith, after the Oscar-winning actress passed away on Friday at the age of 89. Smith, who played the role of Professor McGonagall throughout the eight movies, was honoured by dozens of her co-stars, including Harry Potter himself: Daniel Radcliffe. Radcliffe shared a statement to Entertainment Weekly, writing, "She was a fierce intellect, a gloriously sharp tongue, could intimidate and charm in the same instant and was, as everyone will tell you, extremely funny." "I will always consider myself amazingly lucky to have been able to work with her, and to spend time around her on set. The word legend is overused but if it applies to anyone in our industry then it applies to her. Thank you Maggie." Emma Watson also shared a tribute on Instagram alongside the two actresses working together, reflecting on Smith's impact on set. She said, "When I was younger I had no idea of Maggie's legend — the woman I was fortunate to share space with. It is only as I've become an adult that I've come to appreciate that I shared the screen with a true definition of greatness." "She was real, honest, funny and self-honouring. Maggie, there were a lot of male professors and by God you held your own. Thank you for all of your kindness. I'll miss you." Rupert Grint also shared a photo of the pair together, referencing a particular fan favourite scene from the fourth Harry Potter film, writing, "Heartbroken to hear about Maggie. She was so special, always hilarious and always kind. I feel incredibly lucky to have shared a set with her and particularly lucky to have shared a dance. I'll miss you, Maggie. Sending all my love to her family." Gary Oldman, who played Sirius Black in the franchise, shared a statement with Entertainment Weekly on Maggie's passing, praising her acting talents, saying, "Maggie Smith, one of the true Greats along with [Laurence] Olivier and [John] Gielgud… those who saw her dazzling talent on the stage say they can never forget her. Her magnificent film performances remain for all to see and enjoy. Such an artist comes along about every other generation. If one is lucky." The news of Maggie Smith's passing was confirmed by her sons Chris Larkin and Toby Stephens who said in a statement, “She passed away peacefully in hospital early this morning, Friday 27 September." “An intensely private person, she was with friends and family at the end. She leaves two sons and five loving grandchildren who are devastated by the loss of their extraordinary mother and grandmother.” Image credits: Warner Brothers/Paul Marriott/Shutterstock Editorial

Caring

Cleo Smith's parents share heartwarming update

Three years after her kidnapping, Cleo Smith is adjusting well to her normal life, with her parents sharing a heartwarming update. On Sunday, her parents shared the now seven-year-old's latest achievement - winning her first gymnastics competition. The snaps posted by 60 Minutes on Facebook, showed Cleo smiling as she proudly held up a medal and certificate with all her ribbons on it after a routine on the balance beam. “Such a beautiful brave girl who Australia got to know. Glad she is doing so well and you should be so proud of your gymnastics achievement,” one commenter said on the post. “I love seeing an update on how she is going.” "Bless her little heart! Her whole family are the epitome of resilience," another added. "I think the whole of Australia is behind you Cleo! Well done," a third wrote. The update was shared just two months after the family shared a collection of photos of <a href="https://www.oversixty.com.au/lifestyle/family-pets/new-photos-of-cleo-smith-show-insight-into-her-life-after-kidnapping" target="_blank" rel="noopener">Cleo enjoying life</a> with her family. The snaps included Cleo celebrating her seventh birthday, a family fishing trip, and her playing with her little sister Isla, and their first day of school. Cleo was just four-years-old when she was kidnapped from her tent while camping with her family in Western Australia's Gascoyne region, around 10 hours north of Perth, on October 16, 2021. Police and rescue personnel spent nearly three weeks looking for her, and 18 days later she was found in Terrence Kelly's home in Carnarvon, just minutes away from her own family home. Kelly was arrested near the home and has been in custody in Perth since. He is appealing the 13-year and six-month prison sentence he received for the abduction. At an appeal hearing in February, the court was told Kelly has various mental impairments, including a severe personality dysfunction, which they say was a significant factor in the crime. Images: 60 Minutes Facebook

Caring

Grief-stricken father breaks silence after sons found dead

The devastated father of the two young boys who were <a href="https://oversixty.com.au/finance/legal/mother-arrested-after-two-boys-found-dead-in-blue-mountains-home" target="_blank" rel="noopener">found dead</a> in their home in the Blue Mountains has spoken out about the "unimaginable" tragedy. Nick Smith found the bodies of his sons, Russell, 11, and Ben, 9, in their home in Faulconbridge on Tuesday afternoon. The children's mother and Nick's estranged ex-wife Trish Smith was arrested and spent Tuesday night under police guard in hospital, where she arrived in a stable condition but with self-inflicted wounds. Nick said the loss of their “beautiful boys” had caused “unimaginable pain and distress”. “Russell and Ben were happy, funny, outgoing boys, and were very much loved by their family and friends,” he said in a statement on Thursday. “Like other boys their age, they loved sports, soccer, the Penrith Panthers, fishing, books, music, spending time with their friends and Max their pup." “We cannot understand how our boys have been taken this way and we appreciate the kindness and compassion shown by the community.” Nick added they were requesting privacy at this time. Police are continuing their investigation into the tragedy and have refused to speculate on the events leading up to the deaths of the two boys, however, they confirmed hey are not looking for any other parties who could be involved. <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">Blue Mountains Mayor Mark Greenhill expressed the community’s grief in a statement over the tragedy, writing, "Our community has lost two precious souls in the most awful circumstances. Now is a time to come together and remember these two beautiful children." <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">NSW Police Commissioner Karen Webb acknowledged the profound emotional toll the incident has had on law enforcement officers. "I think the older and more experience you get in this job, things like this still cut to the core. It’s a tragic situation," she said. <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">Need to talk to someone? Don't go it alone. <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">Call Lifeline on 13 11 14 or visit lifeline.org.au <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">Beyond Blue: 1300 224 636 <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">SANE: 1800 187 263; saneforums.org <p style="font-size: 16px; box-sizing: border-box; margin-top: 0px; margin-bottom: 1rem; caret-color: #212529; color: #212529; font-family: -apple-system, BlinkMacSystemFont, 'Segoe UI', Roboto, 'Helvetica Neue', Arial, sans-serif, 'Apple Color Emoji', 'Segoe UI Emoji', 'Segoe UI Symbol', 'Noto Color Emoji';">Image credits: NSW Police

Caring

Mother arrested after two boys found dead in Blue Mountains home

A mother has been arrested after the tragic discovery of her two sons, aged nine and 11, dead at their home in the Blue Mountains, New South Wales. The boys, Russell and Ben, were found by their father at the family's home in Faulconbridge shortly before 12:40pm. Their mother, Trish Smith, 42, was also found at the scene with several self-inflicted injuries. She has been taken to Westmead Hospital and is in a stable condition. No charges have been laid so far. Superintendent John Nelson of the Blue Mountains police confirmed that Mr Smith, the father, discovered the bodies and contacted authorities. "The father is helping us with inquiries, and he was the one who contacted police... all avenues are open for investigation," Nelson stated. While the police have not confirmed whether a weapon was involved, they are working to understand the sequence of events leading to the boys' deaths. The family, who had no prior history of domestic violence and minimal contact with the police, has left the community in shock. Superintendent Nelson said that the investigation is still in its early stages, and no speculation will be made at this time. The boys had attended school on Monday with no apparent issues, and authorities are now trying to trace their movements on Tuesday to piece together what might have happened. The nearby Springwood High School was involved in the emergency response as its oval was used as a helipad for medical evacuations. Homicide detectives from the State Crime Command have been assigned to the case, and police are continuing to speak with neighbours to uncover any possible motives. Blue Mountains Mayor Mark Greenhill expressed the community’s grief in a statement: "Our community has lost two precious souls in the most awful circumstances. Now is a time to come together and remember these two beautiful children." NSW Police Commissioner Karen Webb acknowledged the profound emotional toll the incident has had on law enforcement officers. "I think the older and more experience you get in this job, things like this still cut to the core. It’s a tragic situation," she said. Authorities have confirmed that no one else is being sought in connection with the deaths, and there is no ongoing threat to the community. The investigation continues as police work to understand the full circumstances surrounding this heartbreaking incident. Need to talk to someone? Don't go it alone. Call Lifeline on 13 11 14 or visit lifeline.org.au Beyond Blue: 1300 224 636 SANE: 1800 187 263; saneforums.org Image: Supplied

Legal

New photos of Cleo Smith show insight into her life after kidnapping

Almost three years after being abducted from a campsite, heartwarming new photos show how Cleo Smith is living as a happy school girl and big sister. In October 2021, Cleo Smith, who was four years old at the time, made international headlines after she was snatched from a campsite as she slept alongside her mother, stepfather and baby sister at the Blowholes campsite, about 960km north of Perth, Western Australia. A state-wide police operation was launched in search for Cleo, who was four years old at the time, which led to her dramatic rescue 18 days later. Now, almost three years after the horrific abduction and intense media scrutiny, Cleo, who is now seven years old, is adjusting to a normal life. A collection of photos, shared to Instagram by 60 Minutes, showed a beaming Cleo enjoying life with her family, as one photo showed Cleo smiling along with her mother, Ellie Smith, stepdad Jake Gliddon, and little sister, Isla. The snapshots revealed happy moments of young Cleo's life, including a family fishing trip, Isla's first birthday, her seventh birthday and the sisters' first day at school in 2024. "Cleo Smith, all grown up. The seven-year-old is enjoying life in Western Australia, loving school and being a big sister to Isla," 60 Minutes wrote. The photos received an overwhelming response from social media users all around the world, with many sharing well wishes for the family and for Cleo. "Beautiful to see the family so happy and healthy," one person wrote. "Bless your heart, so glad you are living your best life," another person commented. A third person wrote, "It's so good to see her happy! I followed her story from Argentina. Keep enjoying life Cleo!" Image credits: 60 Minutes / Instagram

Family & Pets

"Welcome home, Harold": Iconic Neighbours actor returns to Ramsay Street

More than 15 years after his departure, Harold Bishop is returning to Ramsay Street. Ian Smith's character has long been a fan favourite on Neighbours, after originally starring on the soap between 1987 and 1991, before he returned in 1996 until his departure in 2009. Since then, Harold has made multiple guest appearances, including in the 2022 finale. When Amazon picked up the Aussie show, Smith rejoined the cast for a short time but quickly left after a health scare. But now, Harold is making another comeback. <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/p/C5fVoAlvJEJ/?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/C5fVoAlvJEJ/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Neighbours (@neighbours)</a> </div> </blockquote> The official Neighbours Instagram shared the exciting news of his return, writing, “After 15 years of living away, the legendary Harold Bishop is returning to Erinsborough." “We are thrilled to welcome Ian Smith back to the show and the opening titles, where he belongs.” Fan were quick to flood the comment section with excitable messages, rejoicing in the fact that a fan favourite character was returning. “The best news. The show misses an elder character like Harold,” one person wrote. Another commented, “Absolutely amazing news to wake up too. Welcome home, Harold.” Image credits: Getty Images / YouTube

Cleo Smith's mum shares touching update

In October 2021, Ellie endured a mother's worst nightmare when her then four-year-old daughter, Cleo, was abducted during a family camping trip near Carnarvon, WA. Often these stories end in tragedy, but Cleo was found alive 18 days later, locked inside Terence Kelly's home, just minutes away from her own home. The abduction that had everyone on their toes became a feel good story that captivated the nation, when police released body-cam footage of the little girl saying: "my name's Cleo", as she was rescued. She was found physically unharmed and playing with toys, and Kelly was arrested on a nearby street not long after. Two years after the abduction Cleo Smith's mother Ellie has shared some more happy news. Ellie has reportedly tied the knot with her partner Jake Gliddon in a private ceremony at the Noosa Springs Golf and Spa Resort. The special day was attended by only 64 of their closest friends and family, and the happy couple basked in sunlight as they posed for photos. Cleo and her little sister Isla were also in attendance as flower girls, and in new photos shared to 60 minutes, you never would've guessed the horror Cleo went through just two years ago. Cleo and her sister were twinning in a beautiful white dress with puffy sleeves. The girls had huge smiles on their faces as they posed cheek-to-cheek with their mum, who looked stunning in a beautiful lace and tulle dress. “Cleo was just excited to wear a pretty spinning dress and walk down the aisle with her aunty Krystal,” Ellie told 60 Minutes. The couple reportedly don't have any plans for their honeymoon yet. Images: 60 Minutes

Family & Pets

"His worst moment as a person": Sean Penn unleashes on Will Smith's Oscar's slap

Sean Penn has become visibly angry as he recalled the infamous moment at the 2022 Oscars ceremony when Will Smith stormed the stage to slap Chris Rock. Penn recalled the award ceremony moment as he reflected on the Academy's decision to not let Ukraine’s president, Volodymyr Zelenskyy, speak at the ceremony. The actor has been a strong advocate for the people of Ukraine in their ongoing war against Russia, and even traveling to the war-torn region to help in their fight. Speaking to <a href="https://variety.com/2023/film/features/sean-penn-slams-will-smith-slap-ai-oscars-1235720417/" target="_blank" rel="noopener">Variety</a>, Penn shared how frustrated he was that Zelenskyy was silenced, while Smith's actions were the real problem. “The Oscars producer thought, ‘Oh, he’s [Zelenskyy] not lighthearted enough.’ Well, guess what you got instead? Will Smith.” Variety noted that the actor was visibly infuriated speaking on the subject, even turning red during the interview. “I don’t know Will Smith. I met him once,” Penn said. “He seemed very nice when I met him. He was so f***ing good in King Richard.” “So why the f**k did you just spit on yourself and everybody else with this stupid f***ing thing? Why did I go to f***ing jail for what you just did? And you’re still sitting there? Why are you guys standing and applauding his worst moment as a person?” the 63-year-old said, referencing his 1987 arrest and jail stint for punching a film extra in the face. “This f***ing bulls**t wouldn’t have happened with Zelenskyy,” Penn added. “Will Smith would never have left that chair to be part of stupid violence. It never would have happened.” Penn was so shocked and infuriated by the moment that he chose to destroy his two Oscars. "I thought, ‘Well, f**k, you know? I’ll give them to Ukraine. They can be melted down to bullets they can shoot at the Russians,’” he said. When visiting Zelenskyy in Ukraine last fall, Penn showed his support by giving the leader one of his Oscars. At the 2022 Oscar's ceremony, Will Smith stormed the stage and slapped comedian Chris Rock after he made a joke about his wife, Jada Pinkett-Smith. After returning to his seat, Smith shouted out, “Keep my wife’s name out your f***ing mouth!” Image credits: Getty Images

Movies

House of Hope: Fresh start for Kelly's kids

Gold Coast mum Kelly Wilkinson, who tragically passed away two years ago, has left behind three young children between the ages of two and nine. Her life was cut short in April 2021, allegedly at the hands of her estranged husband, Brian Earl Johnston. The horrific incident resulted in Kelly's body being found badly burned in her Arundel home's backyard, while Mr Johnston was discovered nearby with severe burns to his hands and airway. Since then, Kelly's children have been under the care of her sister, Danielle Carroll, and her husband Rhys. The Carroll family, along with their five children and Kelly's three kids, have been living together in a cramped four-bedroom house, where living spaces were converted into sleeping quarters. The challenges of accommodating such a large family in limited space have been immense, and at times, they find themselves with five people sharing a single bed. However, their situation took a positive turn when businesswoman Tamika Smith, a relative of Mr Carroll, heard about the tragedy and decided to lend her support. The founder of My Bella Casa and Top 100 Women launched a campaign called "I Stand With Kelly" shortly after Ms Wilkinson's passing. The campaign aimed to build a new home for the 10-person family. With the help of an anonymous contributor, Ms Smith secured a plot of land, and the renowned homebuilder, Metricon, generously donated an entire house for the cause. After two years of hard work and dedication, the family's fully furnished new home was finally revealed to them. <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/CvGO3pfBjbH/?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/CvGO3pfBjbH/?utm_source=ig_embed&utm_campaign=loading" target="_blank" rel="noopener">A post shared by Tamika Smith (@tamika_stephanie)</a> </div> </blockquote> Mr Carroll expressed his excitement about the new house, especially for Kelly's three children, as it will provide them with a fresh start and a place they can call their own. While the loss of their mother is deeply felt, the children are constantly surrounded by love and care from their extended family. Kelly's kids have not forgotten their mother, and though they miss her dearly, they understand that she is no longer with them. “They know she’s gone," Mrs Carroll told A Current Affair. "They constantly say that they miss her. The two year old does ask for mum but they know she’s not coming back.” The Carroll family, along with their own children, have written heartfelt letters to thank the builders for their incredible efforts in creating this new home. The house not only represents a new beginning for Ms Wilkinson's children and the Carroll family but also serves as a reminder of the love she brought to her family before her untimely passing. Though the pain of her loss remains, the community's support in building this new home has been a heartwarming gesture, one that Kelly's family deeply appreciates and will surely treasure forever. Images: Today Show / Instagram / GoFundMe

Family & Pets

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

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

News

Chilling new Cleo Smith abduction details to be aired for first time

New details have emerged about the abduction of Cleo Smith, including her frantic mother’s call to triple-0 when she realised her little girl was missing. Cleo, then four, made international headlines when she was snatched from a tent on October 16 2021 as she slept with her mother, stepfather and baby sister at the Blowholes campsite, near Carnarvon, about 960km north of Perth. The little girl was held captive by Terence Darrell Kelly and locked alone in a bedroom at his home for 18 days before WA police rescued her in a late night raid. Grim new details about Cleo’s kidnapping will soon be aired after Kelly was <a href="https://www.oversixty.com.au/news/news/sentence-handed-down-for-cleo-smith-abductor" target="_blank" rel="noopener">recently sentenced</a> to 13 years and 6 months in jail. Ellie Smith’s distraught call to triple-0 and police bodycam footage of the tearful mum, after officers arrived at the remote campsite, will be aired for the first time on 60 Minutes on May 14. Ms Smith and her partner Jake Giddon also revealed how Cleo is coping 18 months after the scarring ordeal, including new footage of the little girl. “Her nightmare nights are the worst. It's heartbreaking,” Ms Smith said in a preview. “Sad, hurt, scared, terrified. It is hard talking about him (Kelly) and what happened.” The program will also air the heartbreaking audio of Ms Smith’s triple-0 call when she discovered Cleo was missing from their tent on the day she was abducted. "My daughter's gone missing,” the distraught mum said. “How old is your daughter,” the operator asked. “She's four,” Ms Smith tearfully responded. Bodycam footage from the first officers on the scene being shown around the campsite by the terrified mum has also emerged. “We woke up this morning, and she was missing,” Ms Smith said. Cleo’s disappearance led to one of the biggest police searches in WA history and made headlines worldwide. Investigators who were involved in the case will also share more details about the extensive lengths detectives went to track down Kelly. “It really set the investigation alight,” one officer said. “They narrowed and narrowed it. They made the right call.” Ms Smith added, “That was the second we realised she didn't walk away. She was taken.” Ms Smith and her partner appeared at Kelly’s sentencing in the District Court of WA in April. It was the first time the pair had been seen in public since their <a href="https://www.oversixty.com.au/news/news/cleo-smith-s-parents-share-disturbing-new-details" target="_blank" rel="noopener">first interview</a> with 60 Minutes a year ago. They reportedly received $2 million for the world exclusive TV interview. Sentencing judge Julie Wager described the fear, distress and trauma Cleo and her parents have been left with as “immeasurable”. “Eighteen days without contact or explanation, and with hours totally on her own and no access to the outside world, would have been very traumatic,” the judge said. Kelly’s legal team have confirmed their client has lodged an appeal over the lengthy sentence handed down to him after he <a href="https://www.oversixty.com.au/news/news/terence-kelly-confesses-to-abducting-cleo-smith" target="_blank" rel="noopener">admitted</a> to forcibly detaining a child under the age of 16 in January 2022. Court documents have revealed Kelly’s lawyers are appealing on multiple grounds including disputing the extent to which his methamphetamine use contributed to the crime. “The learned sentencing judge erred in finding that the applicant's use of methamphetamine had a significant and casual role in the offending,” the appeal documents read. “The learned sentencing judge failed to give appropriate weight to the applicant's childhood disadvantage and trauma.” Image credit: 60 Minutes/Instagram

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