Credit:Peter Rae
Justice Besanko had scheduled a planning hearing for July 19, with a view to resuming the trial a week later on July 26. However, the NSW government confirmed on Wednesday that a lockdown in Greater Sydney, now in its third week, would be extended by at least another two weeks from Monday.
Lawyers for the media outlets have asked the court to consider resuming the trial for one week only to hear evidence from four Afghan witnesses who will be questioned via videolink from Kabul while the parties appear in a courtroom in Sydney. The witnesses are living in a safe house in Kabul awaiting the call to give evidence.
22:35 EDT, 9 July 2021
Roberts-Smith, 42, is suing three newspapers in the Federal Court in Sydney over claims in 2018 media reports he says paint him as a criminal who broke the moral and legal rules of engagement during his military deployments
Ben Roberts-Smith was sent a letter by a friend at 7 urging him to end his affair, as explosive text messages between the war hero and his mistress are revealed.
Roberts-Smith, 42, is suing three newspapers in the Federal Court in Sydney over claims in 2018 media reports he says paint him as a criminal who broke the moral and legal rules of engagement during his military deployments.
Allegations of serious criminal conduct exposed in Ben Roberts-Smith defamation case
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Two cases of alleged serious criminal conduct have arisen from the defamation case launched by war veteran Ben Roberts-Smith, including the unlawful leaking of information from the military inspector-general’s secret hearings into war crimes.
The allegations, detailed during the ongoing case before the Federal Court, also involve accusations of unlawful handling of classified information.
Ben Roberts-Smith arrives at the Federal Court last Thursday.
Credit:Dominic Lorrimer
Mr Roberts-Smith is suing
The Age and
War hero Ben Roberts-Smith s high-profile defamation trial has been suspended because of Sydney s COVID-19 lockdown.
Mr Roberts-Smith, 42, is suing three newspapers at the Federal Court trial in Sydney over media reports alleging he was involved in war crimes, murders and bullying in Afghanistan.
He is also suing the outlets over a claim he assaulted a woman in a Canberra hotel.
The landmark trial, now in its fourth week, was due to this week hear the media outlets defence case after Mr Roberts-Smith s legal team wrapped up its case on Monday afternoon.
However barrister Nicholas Owens SC flagged on Monday that SAS witnesses - crucial to the respondents case - were unavailable due to border rules in Western Australia, Queensland and Victoria.
Sydney COVID-19 outbreak forces Roberts-Smith case delay
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The growing Sydney outbreak of the highly contagious delta variant of coronavirus has forced a minimum one-month delay to Ben Roberts-Smith’s high profile defamation action against Nine Entertainment.
On Tuesday, Justice Anthony Besanko adjourned the matter until July 19 – in three weeks – when the court will determine whether the trial can resume a week later.
“I am not persuaded that a potential, stop-start approach to the respondents’ case is necessary or desirable,” Justice Besanko said on Tuesday.
Ben Roberts-Smith outside the Federal Court in Sydney on Monday. The parties did not appear in court in person on Tuesday.