He is Australia's most decorated living soldier — a Victoria Cross recipient charged with the alleged murder of five unarmed Afghan detainees. But does losing a civil defamation case make Ben Roberts-Smith a convicted war criminal? Adam Shand thinks not, and he's found one of the country's most experienced criminal defence barristers to explain why.

Philip Dunn KC has spent a career in the criminal courts defending the highest-profile cases in Australian legal history. In this episode, he unpacks the critical difference between a finding on the balance of probabilities and the far higher bar of proof beyond reasonable doubt — and why confusing the two is dangerous. He also examines the dramatic and arguably prejudicial arrest of Roberts-Smith, the extraordinary use of four indemnified witnesses, the absence of forensic evidence and the very real threat that relentless media coverage poses to a fair trial.

He is Australia's most decorated living soldier &mdash; a Victoria Cross recipient charged with the alleged murder of five unarmed Afghan detainees. But does losing a civil defamation case make Ben Roberts-Smith a convicted war criminal? Adam Shand thinks not, and he's found one of the country's most experienced criminal defence barristers to explain why.
Philip Dunn KC has spent a career in the criminal courts defending the highest-profile cases in Australian legal history. In this episode, he unpacks the critical difference between a finding on the balance of probabilities and the far higher bar of proof beyond reasonable doubt &mdash; and why confusing the two is dangerous. He also examines the dramatic and arguably prejudicial arrest of Roberts-Smith, the extraordinary use of four indemnified witnesses, the absence of forensic evidence and the very real threat that relentless media coverage poses to a fair trial.

Join investigative journalist Adam Shand each week as he takes you into his world of real crime, honed from forty years of covering Australia's biggest law and order stories. These are the firsthand stories of the cops, robbers, and victims who lived them.

Join investigative journalist Adam Shand each week as he takes you into his world of real crime, honed from forty years of covering Australia's biggest law and order stories. These are the firsthand stories of the cops, robbers, and victims who lived them.

Real Crime with Adam Shand

Join investigative journalist Adam Shand each week as he takes you into his world of real crime, honed from forty years of covering Australia's biggest law and order stories. These are the firsthand stories of the cops, robbers, and victims who lived them. 

Join investigative journalist Adam Shand each week as he takes you into his world of real crime, honed from forty years of covering Australia's biggest law and order stories. These are the firsthand stories of the cops, robbers, and victims who lived them.&nbsp;

Beyond Reasonable Doubt: The Ben Roberts-Smith Case | Philip Dunn KC

https://api.omny.fm/orgs/2fb3740d-3436-44af-8cc0-a91900716aa5/clips/9d37c8d5-634e-4513-a17b-b43600289f25/transcript