Ben Roberts-Smith launches new tribunal case seeking documents about journalists, Defence meetings
Ben Roberts-Smith has launched legal action asking a tribunal to grant access to documents withheld by the Department of Defence which could relate to meetings with journalists.
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Decorated soldier Ben Roberts-Smith VC MG has launched legal action asking a tribunal to grant access to documents withheld by the Department of Defence which could relate to meetings with journalists.
Mr Roberts-Smith sued Nine newspapers, and journalists, over a series of articles alleging he committed war crimes in Afghanistan including six murders - all of which he emphatically denies.
The defamation trial, which took place over more than 100 days of evidence through the last two years, is awaiting a verdict from Federal Court Justice Anthony Besanko.
But Mr Roberts-Smith’s name appeared on the list again, without warning, ahead of a hearing in the Administrative Appeals Tribunal on Thursday.
Little is known about the case except it was launched by Mr Roberts-Smith in late August against the Secretary of the Department of Defence.
It is an application for review under freedom of information laws - in other words Mr Roberts-Smith is likely seeking for the AAT to instruct Defence to release documents.
The Daily Telegraph understands the case is focused on meetings between journalists and the Department of Defence or its related entities.
The contents of the documents is not known but the lengthy defamation trial drew heavily on documents held by Defence throughout its months of hearings.
Dozens of SAS witnesses, all under pseudonyms, gave evidence often behind closed doors as still-secret Defence documents were raked through for evidence to substantiate or invalidate Nine‘s claims about Mr Roberts-Smith.
The contact between Nine’s journalists and their SAS sources was also a central plank of the case, which was launched by Mr Roberts-Smith in 2018.
There is no timeline for when Justice Besanko is expected to hand down his verdict.