Ben Robert-Smith considers legal action after Nick McKenzie audio recording bombshell

Disgraced war veteran Ben Roberts-Smith is considering legal action following a shock leak of audio recordings.

Australian war veteran Ben Roberts-Smith is considering legal action after it was revealed a Nine journalist was leaked confidential information about his legal strategy during a multimillion dollar defamation suit. Picture: NewsWire / Jeremy Piper

Australian war veteran Ben Roberts-Smith is considering legal action after it was revealed a Nine journalist claimed he received briefings on the Victoria Cross recipient’s legal strategy during a multimillion dollar defamation suit.

Roberts-Smith lost a defamation case against Nine in 2023 over reports that claimed he committed war crimes while serving as an SAS corporal in Afghanistan.

The court found imputations put forward in articles published by Nine newspapers that the Victoria Cross recipient was complicit in the unlawful killings of four unarmed Afghan prisoners were substantially true.

Roberts-Smith appealed the decision handed down by the court and is waiting for an outcome.

On Monday, Sky News exposed audio recordings that captured Nine investigative reporter Nick McKenzie claiming to a witness that he had been briefed on parts of Roberts-Smith’s legal strategy.

On Monday, Sky News exposed audio recordings that captured Nine investigative reporter Nick McKenzie claiming to a witness that he had parts of Roberts-Smith’s legal strategy. Picture: NewsWire / Nikki Short

Mr McKenzie can be heard telling the witness he was given the information by Robert-Smith’s ex-wife Emma Roberts and her friend Danielle Scott and that he was breaching his ethics by divulging the information.

“They’ve actively like briefing us on his legal strategy, in respect of you,” he can be heard saying in the recording.

“We anticipated most of it, one or two things now we know which is helpful.

“I’ve just breached my f***ing ethics in doing that, like this has put me in a shit position now, like if Dean knew that and Peter knew that, I’d get my arse f***ing handed to me on a platter.”

There is no suggestion of any wrongdoing, or impropriety, by any lawyers in Nine’s legal team acting on the case.

Mr McKenzie also claimed that an undercover police investigation was underway in Queensland and officers were living in the Robert-Smith’s Brisbane apartment building.

“No one knows about the police investigation. It’s a sensitive ongoing police investigation, phone taps, task force, there’s a whole new task force has been stood up in Brisbane,” he said.

“An entire new task force. There’s police living in his apartment block under assumed identities, as we speak. Like the guy is f****d.”

Ben Roberts-Smith arrives at Federal Court in Sydney. Picture: NewsWire / Jeremy Piper

Sky News was told by a source close to Roberts-Smith the recording confirmed what he always knew and the former SAS soldier was now considering legal options with his lawyers.

“Mr Roberts-Smith is urgently considering the most appropriate next step,” the source said.

Nine responded to questions from Sky News saying it had reviewed the audio clip with its legal counsel and confirmed there was no breach of legal privilege or ethical concerns.

“Nine has full confidence in the reporting and actions of Nick McKenzie, an award-winning reporter who enjoys the respect and admiration of his editors and colleagues in the newsroom,” a Nine spokesman said.

Originally published as Ben Robert-Smith considers legal action after Nick McKenzie audio recording bombshell