The Court dismissed defamation proceedings after finding the respondents established the substantial truth of imputations that the applicant committed murder in Afghanistan, engaged in bullying, and unlawfully assaulted persons under control. The Court held that where defamation defences allege serious criminal conduct including war crimes, clear and cogent evidence is required under s 140 Evidence Act and Briginshaw principles, but the absence of forensic evidence or full investigative materials does not prevent findings being made on available witness testimony. The Court found contextual truth established for imputations of domestic violence and threatening conduct even though substantial truth was not proven for those specific allegations.
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