Ben Roberts-Smith (file image) - AAP
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Increasing violence in Afghanistan has prompted the Ben Roberts-Smith defamation trial to briefly resume hearings, despite Sydney s citywide lockdown.
The Federal Court will sit in person next week to take evidence from four Afghan villagers about their encounters with Australia s Special Air Service Regiment.
Mr Roberts-Smith, a highly decorated former SAS soldier, is suing three newspapers over reports alleging he was involved in war crimes, murders and bullying during the war in Afghanistan.
The villagers are due to give evidence from the nation s capital, Kabul, the court was told on Monday.
But fighting between the national government and the Taliban in regional areas meant the villagers ability to travel to Kabul was becoming increasingly risky, the newspapers barrister Nicholas Owens said.
Australia s most decorated soldier Ben Roberts-Smith is suing Nine newspapers
Afghanistan veteran and VC recipient claims he was portrayed as a war criminal
The 42-year-old was in a Federal Court witness box for three weeks last month
Mr Roberts-Smith could claim millions in damages if he proves he was defamed
His trial was suspended on June 29 due to Sydney s ongoing Covid-19 lockdown
Thousands of government troops have surrendered or defected – handing over their arms to the Taliban – or have fled across Afghanistan’s borders to neighbouring countries.
While Kabul is not believed to be in imminent danger of Taliban takeover, Nicholas Owens SC, for the newspapers, said it remained a matter of urgency the Afghan evidence was heard.
There was, he said, “a real risk of the evidence of the Afghan witnesses becoming unavailable”.
“There is an ongoing risk to people in Kabul, there are credible reports of imminent terrorist attacks. It’s a dangerous environment, notwithstanding there’s no current threat that it will be overtaken by the Taliban.”
Australia s most decorated soldier Ben Roberts-Smith is suing Nine newspapers
Afghanistan veteran and VC recipient claims he was portrayed as a war criminal
The 42-year-old was in a Federal Court witness box for three weeks last month
Mr Roberts-Smith could claim millions in damages if he proves he was defamed
His trial was suspended on June 29 due to Sydney s ongoing Covid-19 lockdown
“If we want to keep this case going, it may be necessary to consider those things.”
Most of the witnesses to be called in the case are former or serving SAS soldiers, based in Western Australia, traditionally the slowest state to open up its borders to Covid-affected areas. Justice Besanko is usually based in Adelaide and South Australia currently has fewer than 20 active cases, and few restrictions on movement.
The trial is one of the most high-profile defamation actions in Australian legal history.
Victoria Cross recipient Roberts-Smith, one of the most decorated soldiers in the Australian military, is suing the Age, the Sydney Morning Herald and the Canberra Times for defamation over a series of reports he alleges are defamatory and portray him as someone who “broke the moral and legal rules of military engagement” and committed war crimes including murder.