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Legal bills in Ben Roberts-Smith case may be $100 million

Legal costs in the long-running Ben Roberts-Smith defamation case could run as high as $100 million, it’s been revealed.

Ben Roberts-Smith trial: The Lover and the Wife

Billionaire Channel 7 boss Kerry Stokes stepped in to pay the legal fees of a key witness in the Ben Roberts-Smith defamation case because the Australian Defence Force had offered him no support.

The Victoria Cross recipient’s former SAS patrol commander identified as Person 5 told the Federal Court yesterday that his $65,000 legal fees were being covered by Seven.

He is just one of a string of witnesses whose bills are being picked up in the long-running legal battle that is estimated could run as high as $100 million.

On the other side Nine, which is being sued by Mr Roberts-Smith for falsely alleging he committed war crimes, is funding the legal bills of a string of witnesses including former soldiers.

Ben Roberts-Smith leaves the Federal Court in Sydney yesterday. Picture: NCA NewsWire / Christian Gilles
Ben Roberts-Smith leaves the Federal Court in Sydney yesterday. Picture: NCA NewsWire / Christian Gilles

To mount its defence that the allegations are true Nine has also paid the legal bills of Mr Roberts-Smith ex-wife, a former lover known as Person 17 and funded accommodation, travel and legal fees of witnesses who gave evidence from Afghanistan.

A spokesman for Mr Stokes later issued a statement clarifying that Person 5’s legal bills were being charged by Seven to his private company Australian Capital Equity.

Mr Stokes, who has just stepped down as chair of the Australian War Memorial, is also underwriting the legal bills for Mr Roberts-Smith, who has put up his Victoria Cross and other medals as surety.

“Kerry discovered Defence was not covering some of the witnesses’ legal expenses so he stepped into the breach,” said the spokesman.

Billionaire Channel 7 boss Kerry Stokes has stepped in to pay the legal fees of a key witness in the case.
Billionaire Channel 7 boss Kerry Stokes has stepped in to pay the legal fees of a key witness in the case.

Person 5 told the court yesterday that he had been called in for an interview for the Inspector-General of the Australian Defence Force (IGADF) inquiry in May 2018. He denied colluding with Mr Roberts-Smith over what they would say about the SAS raid on a Taliban compound known as Whiskey 108.

He confirmed speaking to Mr Roberts-Smith afterwards but denied breaching secrecy protocols. “I never told him any of the details of the interview. I told him it was a witch hunt,” he said.

Person 5 said he did speak to Mr Roberts-Smith about the accuracy of Nine newspaper reports alleging war crimes at Whiskey 108 when they were published. “They got the date right and that’s about it,” he said.

The hearing continues.

Ben Roberts Smith and partner at the Royal Hotel in Paddington. Picture supplied
Ben Roberts Smith and partner at the Royal Hotel in Paddington. Picture supplied

SUPPORT DURING LONG CASE

Ben Roberts-Smith has quietly sat alone at the back of the Federal Court every day as his defamation case against Nine newspapers has rolled on.

But he has found some support and respite in the evenings with girlfriend Sarah Matulin, who this week joined him in the Royal Hotel in Paddington for a quiet drink.

It has been a better week for the 43-year-old former SAS corporal whose legal team called the first of his witnesses in the long-running case.

The witness, his former patrol commander identified as Person Five, gave evidence that backed up his own that he had not committed war crimes in Afghanistan.

Mr Roberts-Smith, who is general manager of Channel 7 in Queensland, met Ms Matulin while she worked at the media company.

She has since moved to Gold Coast PR agency Ruby Communications.

Ms Matulin has flown down from Brisbane previously to support the soldier through the hearing.

Original URL: https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/legal-bills-in-ben-robertssmith-case-may-be-100-million/news-story/71a68a0cb53e0842f6de89050feff79e