Media outlets defended their reporting as true on the balance of probabilities, but prosecutors in criminal cases need to meet a higher burden of proof

While the long-running defamation case involving Ben Roberts-Smith was described by some as an unofficial war crimes trial, the Victoria Cross recipient could now face the real thing.

Roberts-Smith has been charged with five counts of the war crime of murder and will remain in jail after his legal representatives declined to apply for bail on Wednesday.

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