Nine journalist Nick McKenzie recorded telling potential witness in Ben Roberts-Smith case he ‘breached ethics’

Nine’s star reporter has been caught on tape claiming he had “breached his ethics” and received briefings on part of Ben Roberts-Smith’s legal strategy during the broadcaster’s defamation battle with the Victoria Cross recipient.

Nine journalist Nick McKenzie. Picture: NewsWire/Nikki Short

Nine’s star reporter has been caught on tape claiming he had “breached his ethics” and received briefings on part of Ben Roberts-Smith’s legal strategy during the broadcaster’s defamation battle with the Victoria Cross recipient.

Sky News on Monday aired a recording in which reporter Nick McKenzie told a potential witness that Roberts-Smith’s ex-wife, Emma Roberts, and her friend Danielle Scott had been “actively briefing us on his legal strategy” in relation to that witness.

The Walkley Award-winning journalist described the information as “helpful” to Nine’s case, in which the company defended a defamation claim brought by Roberts-Smith in the Federal Court.

“I’ve just breached my f---ing ethics ... like, this has put me in a shit position now. If Dean knew that and Peter knew that, I’d get my ass f---ing handed to me on a platter,” McKenzie said, referring to lawyers involved in Nine’s defence of the lawsuit.

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

Former SAS corporal Ben Roberts-Smith outside the Federal Court during his defamation trial. Picture: Sam Mooy/Getty Images

Sky News reported the conversation, from early 2021, involved McKenzie trying to reassure the potential witness and encourage her to give evidence in the defamation trial on behalf of Nine.

“About, um, Danielle and Emma, like trying to tell you - and again, I know you won’t burn me, so do not tell ... anyone that I’ve told you this - you know, the fact that they’re actively, like, briefing us on his legal strategy, in respect of you,” he said.

“We anticipated most of it, one or two things now we know which is helpful but the point, the reason I told you that was to say like, you know we’ve got this and they’re not hostile to you, despite your worst fears. They’re not.”

Sky reported that McKenzie did not respond to a series of specific questions, including what he meant when he said he had breached his ethics.

A Nine spokesperson told Sky it had reviewed the audio clip with external counsel and had concluded 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,” the spokesperson said.

Ms Roberts declined to answer questions from Sky News.

In dismissing Roberts-Smith’s defamation claim, the Federal Court found the former SAS corporal had committed war crimes in Afghanistan.

Roberts-Smith, who maintains his innocence and has not faced criminal charges, has appealed against the judgment, with a decision yet to be handed down.

Sky reported McKenzie had also told the witness about what he said was an active police investigation, in which he claimed undercover officers were living in the same apartment block as Roberts-Smith under assumed identities.

“No one knows about the police investigation,“ he said in the recorded conversation.

“It’s a sensitive ongoing police investigation: phone taps, taskforce.

“There’s a whole new taskforce (that) has been stood up in Brisbane. An entire new taskforce.

“There’s police living in his apartment block under assumed identities as we speak. Like, the guy is f---ed.”

Originally published as Nine journalist Nick McKenzie recorded telling potential witness in Ben Roberts-Smith case he ‘breached ethics’