Covid-19 could force Ben Roberts-Smith out of Sydney
Ben Roberts-Smith’s defamation trial might undergo a major change because of the escalating coronavirus pandemic.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
Ben Roberts-Smith’s defamation trial of the century may permanently leave Sydney as the coronavirus outbreak threatens to prevent crucial witnesses giving evidence from Afghanistan.
The Brisbane-based veteran has been staying in Sydney for his lawsuit against Nine newspapers, but the case was postponed last month as the Deltra strain emerged in the city’s east.
The trial was expected to resume later this month to hear from four Afghan witnesses who were to give evidence from the capital, Kabul, via videolink.
But Mr Roberts-Smith’s barrister, Bruce McClintock SC, has warned that would require at least 20 lawyers, interpreters and judicial staff in Sydney’s Federal Court.
“The social distancing is impossible – it carries real risk,” he told Justice Anthony Besanko on Wednesday.
“If one among those 20 people has been exposed to the virus it would mean everyone would have to isolate and the continuation of the hearing would be impracticable.
“The particular strain around now is very serious and indeed life-threatening.”
NSW Premier Gladys Berejiklian, minutes later, announced the lockdown would extend at least until July 30, past the date the trial was set to resume.
The barrister said Justice Besanko may need to consider moving the trial completely to Perth or Adelaide.
He told the court he had not been instructed and was not applying to do so, but it may be necessary to keep the trial moving.
The court has previously been told that Mr Roberts-Smith’s home state of Western Australia is posing the biggest logistical problem for the trial, as many of the SAS witnesses live there.
National security concerns mean they cannot give evidence over videolink, but WA’s strict border means they cannot travel or return to Sydney to give evidence in person.
The court was previously told that the Afghan witnesses, in part, would testify about the death of a farmer named Ali Jan in a village called Darwan in 2012.
Nine claims Mr Roberts-Smith kicked the unarmed farmer down a cliff and ordered another soldier to execute him as he lay wounded in the creek bed below.
Mr Roberts-Smith has wholly denied the allegation.
The Afghan witnesses travelled to the capital to give evidence against the backdrop of a worsening situation in their own country.
The Taliban is loudly retaking territory as the coalition quietly exits before September 11, the US deadline for complete withdrawal.
Nine newspapers, who are calling on the Afghans, have warned the deterioration of security in Afghanistan means their evidence should be called as soon as possible.
Mr McClintock, on Tuesday, said a lawyer working with the Afghans in Kabul had assured that the city was not under threat and was not expected to be attacked by the Taliban.
Three of the SAS soldiers, on Wednesday, lost a bid to have a subpoena by Nine thrown out.
The soldiers, known only as Person 5, 11 and 35, wanted Nine’s subpoena to the Inspector General of the Australian Defence Force set aside.
Those three soldiers are considered loyal to Mr Roberts-Smith and, in the case of Person 11, crucial to stacking up his version of events around Darwan in 2012.
Mr Roberts-Smith had told the court he was crossing the creek bed when Person 11 began shooting at a man in a nearby cornfield.
Mr Roberts-Smith rushed to help and fired a few shots as the Taliban spotter dropped, he told the court. His lawyers say that could be the origin of the Ali Jan story.
Mr Roberts-Smith is suing Nine for defamation, saying they falsely claimed he killed six unarmed prisoners and committed domestic violence against his “mistress”.
The court will consider whether it can resume to hear from the Afghans in the coming week.
Originally published as Covid-19 could force Ben Roberts-Smith out of Sydney
Fugitive Nassif owes $1.9bn as Toplace records handed to ICAC
Creditors care claiming fugitive property developer Jean Nassif’s Toplace owes them a huge sum – as it can finally be confirmed the NSW ICAC and NSW Crime Commission are investigating the wanted man.
Prison guard first alleged DV offender to wear bail monitor
A NSW prison guard has become the first alleged domestic violence offender ordered to wear an ankle monitor while on bail – following the introduction of new laws the same day.