Battle fronts: Roberts-Smith delays one trial to deal with another
Ben Roberts-Smith lost his case against publishers and broadcasters over articles he says defamed him in suggesting he committed war crimes in Afghanistan between 2009 and 2012. (AAP Image/Dean Lewins)
The trial was expected to reopen to the public on Wednesday and hear evidence from the Victoria Cross winner.
But it was postponed until Thursday following a case management hearing in the proceedings against Emma Roberts.
Justice Robert Bromwich told that hearing he had become aware of media reports of “rumour and innuendo” related to Roberts-Smith and whether another person, not named in court, was in a personal relationship with the applicant.
The court heard that the matter had implications for the deposition of an affidavit related to the case and whether that affidavit was made in good faith.
“I’ve got to have an explanation as to what’s happened,” Justice Bromwich said.
In the Federal Court trial that opened on Monday, Roberts-Smith is suing the publishers of the Sydney Morning Herald, The Age and The Canberra Times over articles from 2018 accusing him of war crimes in Afghanistan.
Roberts-Smith is also suing over a claim he assaulted a woman in a Canberra hotel room.
The former special forces corporal, 42, denies all the claims against him, while the publishers have advanced a defence of truth.
The trial has so far heard that Roberts-Smith was a courageous and self-sacrificial soldier subject to a campaign of lies by “bitter people” envious of his success as a soldier.
It has also heard that the war hero lost hundreds of thousands of dollars in income after the allegedly defamatory articles were published that “smashed and destroyed” his reputation.
The SAS veteran is seeking aggravated damages from the respondents in a bid to restore his reputation as the nation’s most highly respected soldier, the court has also heard.
Much of Tuesday’s proceedings took place in closed court as they involved issues of national security.
Roberts-Smith’s barrister, Bruce McClintock SC, who has spent much of the trial’s first two days on his opening address, has previously said he will call his client as the first witness.
McClintock has previously flagged in court that some of Roberts-Smith’s testimony will be given in open session while other parts will likely have to be given behind closed doors.
The trial will last up to 10 weeks and is set to hear from around 60 witnesses.
