by Chris Merritt | May 7, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
When Ben Roberts-Smith eventually faces his war crimes trial in Sydney, four other former soldiers could be in for a nasty surprise. They have been given immunity from prosecution in return for giving evidence they were complicit, with Roberts-Smith, in unlawful...
by Chris Merritt | May 1, 2026 | Chris Merritt, Commentary, Freedom of Speech, Media Article
Last month’s research paper from the Australian National University showing patchy support for democracy should be compulsory reading for the judges of the High Court. These judges, not their subordinates in the state courts, are the only judicial officers capable of...
by Chris Merritt | Apr 24, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
The real lesson from the Ben Roberts-Smith case is now apparent: this country’s flawed attempt to deal with war crimes has demolished the idea that everyone in the military is accountable to the law. The goal of dealing with war crimes through the civilian justice...
by Chris Merritt | Apr 17, 2026 | Chris Merritt, Commentary, Defamation, Media Article
Now that Ben Roberts-Smith has been arrested, it’s too late to eliminate the main threat to the fairness of his war crimes trial – the prospect of a biased jury. But it’s not too late for dozens of other veterans of the Afghanistan war who risk facing exactly the same...
by Chris Merritt | Apr 9, 2026 | Chris Merritt, Commentary, Media Article, Rule of Law Issue
This country needs to come to terms with the fact that there is a real risk that Ben Roberts-Smith will not be given a fair trial. This would be the worst possible outcome – far worse than having a decorated former soldier convicted on five charges of war crime...
by Chris Merritt | Apr 7, 2026 | Chris Merritt, Commentary, Media Article, Sexual Assault
The rules governing sexual assault trials are, once again, the subject of a push for change – this time as part of a campaign led by advocate Nina Funnell, and news.com.au which is owned by the same parent company as The Australian. The campaign aims to prevent...