Ben Roberts-Smith accuses Nine of ‘fishing’ for info from his doctors in defamation case

Former soldier Ben Roberts-Smith has made a fresh claim against Nine as the high-profile defamation showdown draws closer.

Former soldier Ben Roberts-Smith has accused the Nine newspapers he is suing for defamation of “fishing” for information by issuing subpoenas to his doctors.

The dispute is the latest pre-trial skirmish in the high profile case as it draws closer to an eight-week hearing set down for June 7.

Mr Roberts-Smith, a Victoria Cross recipient, is suing The Age, The Sydney Morning Herald and The Canberra Times over reports alleging he committed war crimes while deployed in Afghanistan.

He alleges the media outlet falsely painted him as a murderous war criminal who disgraced his country during his time as an SAS soldier. Nine is vigorously defending its reporting.

In a brief hearing on Wednesday morning, solicitor Paul Svilans told the Federal Court he had written to Nine’s solicitors saying two subpoenas issued to Mr Roberts-Smith’s doctors were “fishing and should be set aside”.

The doctors have already provided some documents, the court was told, with more to come.

Nine contends the subpoenas are legitimate.

The matter will return to court on May 12.