Taliban resurgence forces Ben Roberts-Smith back on
An unlikely reason has forced the Ben Roberts-Smith defamation trial to resume, as the war hero is reportedly ‘anguished’ about separation from his children.
The rise of the Taliban in Afghanistan and the possibility of insurgent attacks has put pressure on the Ben Roberts-Smith defamation trial to resume next week.
But the war hero’s lawyers, who include NSW Premier Gladys Berejiklian’s current romantic partner, have hinted the Covid-19 situation in Sydney is also due “to worsen”.
And barrister Bruce McClintock SC said Mr Roberts-Smith is experiencing “anguish” being separated from his children, who are in Queensland.
“The stress on my client and the anguish it‘s causing him is very, very great,” Mr McClintock said.
“He’s now separated from his children and can’t see them.
“He’s stood down from his job to deal with this case, he’s come from Brisbane, his parents have come from Perth for this case.”
It is expected the trial will sit for just a week from Monday to hear the evidence from Afghan villagers who will allege Mr Roberts-Smith or other soldiers murdered an unarmed man in 2012.
It has to be heard without delay, as the villagers will need to travel through Taliban-controlled areas to Kabul to give their testimony. There are currently threats of attacks on people and communication systems as the Taliban ramps up its offensive in the region ahead of an August 31 deadline for withdrawal of allied troops, the court heard.
The Federal Court on Monday also heard that trial delays are affecting the psychological wellbeing of former SAS soldiers whose “mental health is declining”.
Meanwhile, Mr Roberts-Smith’s legal team, which includes the Gladys Berejiklian’s partner Arthur Moses SC, warned the state’s current outbreak of coronavirus is expected to worsen.
“My information is it will continue to worsen,” Bruce McClintock SC told the hearing.
“It looks, to be honest, Sydney is going to be problematic for a considerable period.
“Things did take a turn for the worse over the weekend and it looks as though things are going to get worse.”
Mr McClintock told the court the trial could move to Canberra if NSW’s current Delta strain outbreak did not ease over the next month.
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“It’s very important for my client that [Nine media] get their witnesses in the witness box,” he said.
“Extreme and serious allegations were put … there’s real damage being done to my client by the delay.”
Justice Anthony Besanko ordered the trial sit next week to hear testimony from four Afghan villagers, who will appear by audiovisual link (AVL) from a Kabul lawyer’s office.
A Pashto language interpreter will link in via AVL from Ontario, Canada and lawyers for both Nine media and Mr Roberts-Smith will socially distance in a Sydney courtroom.
Mr Roberts-Smith is suing Nine media and three journalists for articles published in three newspapers from the second half of 2018.
He says the reports falsely claim he committed multiple war crimes, bullied other soldiers and that he assaulted a women with whom he was having an affair.
Monday’s hearing was told Nine media had withdrawn one SAS witness from its case because he was in “too bad a psychological condition to continue with the case”.
“Many of the witnesses on both sides … their mental health is declining,” Mr McClintock said.
“It is imperative to get this case on as soon as possible.”
The Afghan villagers are prepared to get up early to testify from Kabul, which has a time zone five-and-a-half hours behind Sydney.
Mr Roberts-Smith, whose parents have travelled from Perth to support him during the trial, has been living in southern Sydney following the start in June of his defamation trial against the Nine media group.
Asked on the weekend how he was coping with the lockdown, he replied, simply: “Training.”
Trial witnesses testifying for both sides include SAS soldiers living in Western Australia, where currently a “hard border” with NSW is in place.
Other witnesses, including Mr Roberts-Smith’s ex-wife Emma Roberts, her school friend Danielle Scott, and the soldier’s ex-mistress Person 17 live interstate and would be subject to quarantine should they need to travel to NSW for the trial.
Before the current Covid-19 lockdown, the predicted three-month trial ran for just over three weeks, during which time Mr Roberts-Smith spent almost every day in the witness box.
With a brief adjournment as the SAS veteran was tested for Covid-19 after visiting a city gym hotspot, he spent most of his time under cross-examination by Nine’s lawyers.
Nicholas Owens, SC, told Justice Besanko that notwithstanding the length of Sydney’s lockdown, other states and in particular Western Australia tended to delay opening borders even after NSW had relaxed them.
Arthur Moses will cross-examine the 21 SAS soldiers and former comrades of Ben Roberts-Smith who are due to give evidence against him.