Ben Roberts-Smith‘s defamation trial hears ex-wife Emma could be crucial for Fairfax

Nine hopes they would have to pay a victorious Ben Roberts-Smith no money if his ex-wife told his defamation trial he intimidated witnesses and lied, court documents reveal.

Nine hopes they would have to pay a victorious Ben Roberts-Smith no money if his ex-wife told his defamation trial he intimidated witnesses and lied, court documents reveal.

Australia‘s most decorated soldier is suing Nine — formerly Fairfax newspapers — after they alleged he committed war crimes in Afghanistan by murdering unarmed Afghans.

Mr Roberts-Smith denies all the accusations but Nine will argue they were true when the two month trial kicks off next month.

The legal teams have been wrangling about what the SAS soldier’s ex-wife, Emma Roberts, will tell the court when she takes the stand for Nine.

Mr Roberts-Smith‘s lawyers want Nine to outline what she and her long-time friend will tell the court about Ms Roberts’ former husband.

Ben Roberts-Smith is suing Nine newspapers. Picture: Lachie Millard.

A document penned by Nine’s lawyers said Ms Roberts and her friend were expected to say Mr Roberts-Smith brought “false evidence” before the court, tried to cover up information, tried to covertly speak with witnesses and even tried to intimidate one.

“Each of the allegations concern secret or covert conduct by (Mr Roberts-Smith) which was designed to influence the integrity of evidence capable of being marshalled against him,” the document reads.

“If that alleged conduct had succeeded, it would never have come to the attention of (Nine) or the Court.”

Fairfax alleges Mr Roberts-Smith had a friend post a threat to another SAS veteran who gave evidence at a Defence Force inquiry about war crimes.

The newspapers say the evidence from the women could have a bearing on the main issues in the case.

But, even if they lose, Nine says it “will invite the Court to award no or minimal damages to (Mr Roberts-Smith) even if he is otherwise successful in the case” if the women are believed.

The high profile trial had another administrative hearing in the Federal Court on Wednesday where the lawyers continued to discuss the production of documents.

Ben Roberts-Smith at the Australian War Memorial in Canberra. Picture: Ray Strange

Much of the last few weeks has been consumed by allegations Mr Roberts-Smith buried USBs containing relevant war crime information in a lunch box in the backyard of the family home.

He denies that through his lawyers.

Last week Nine told the court Mr Roberts-Smith had “threatened” Ms Roberts that he could sue her if she gave evidence against him that breached a non disclosure agreement between the pair.

The soldier‘s lawyer said he couldn’t provide any assurance his client would not sue after Nine called it an “outrageous” position.