Ben Roberts-Smith accused of telling witness to lie in defamation case against Nine newspapers

Victoria Cross recipient Ben Roberts-Smith told one of his key witnesses to lie in his defamation case with Nine newspapers, a court has heard.

Ben Roberts-Smith is suing Nine newspapers over its reporting of war crimes and domestic violence allegations against him. Picture: Toby Zerna

Victoria Cross recipient Ben Roberts-Smith told one of his key witnesses to lie in his defamation case with Nine newspapers, a court has heard.
The Federal Court heard the witness revealed the alleged instruction by Mr Roberts-Smith in a document, which Fairfax is seeking to use in its truth defence against the former special forces soldier.
Mr Roberts-Smith is suing the media outlet over its reporting of war crimes and domestic violence allegations against him.
He is relying on the testimony of the witness, who The Australian has elected not to name for legal reasons, to back his case.
Counsel for Nine told the Federal Court that the information in the document raised questions over the credibility of both the witness and Mr Roberts-Smith.
The document was heavily redacted when it was provided to Nine’s legal team.
But Barrister Lyndelle Barnett, for Nine, said information could not be redacted without the court’s permission.
Justice Anthony Besanko will rule at a later date on whether Nine can access the material.
Mr Roberts-Smith is suing Nine over reports in its newspapers, The Age and The Sydney Morning Herald, alleging he was involved in six unlawful deaths during his time in Afghanistan.
He has also rejected reporting by the company that he allegedly punched a woman in the face in Canberra.

The woman alleges she had an affair with Mr Roberts-Smith, but he and his wife have previously said they were separated at the time he had the relationship with the woman.
The court previously heard the AFP told the Special Air Services veteran it had “eyewitness accounts” implicating him in ­the murder of Afghan villager Ali Jan in September 2012.
The defamation trial is due to get underway next year.
The pre-trial hearing on Monday came ahead of the upcoming release of the findings of the Brereton inquiry into alleged war crimes by Australian soldiers in Afghanistan.
Defence Minister Linda Reynolds has warned the report, expected later this month, will make for “uncomfortable” reading.