Barrister pans newspaper’s claim Ben Roberts-Smith is dating lawyer Monica Allen

A newspaper owned by the media outlet being sued by Ben Roberts-Smith attempted to ‘intimidate’ his lawyer by suggesting the pair were in a relationship, a court has heard.

A newspaper owned by the media outlet being sued by Ben Roberts-Smith attempted to “attack”, “intimidate” and “cast aspersions” on the war hero’s lawyer by publishing an article that suggested the pair were in a relationship on the opening day of the decorated veteran’s defamation case against Nine, a court has heard.

Monica Allen.

On Wednesday, Justice Robert Bromwich paused a hearing brought by Mr Roberts-Smith against his ex-wife, who is expected to give evidence for Nine in the defamation case, to deal with a “rumour” published in The Australian Financial Review on Monday that suggested the former soldier was dating his high-profile lawyer.

While judge Bromwich did not name the woman at the centre of the relationship allegations, media reports since August 2020 have linked Mr Roberts-Smith to one of his defamation lawyers, Monica Allen.

Barrister Arthur Moses, SC, acting for Mr Roberts-Smith, said the war hero was not in a relationship with his lawyer, and that any suggestion to the contrary by media outlets could amount to “the potential harassment and belittling of a female practitioner”.

“The issue that your honour has raised this morning has now been the subject of extensive media reporting, which has understandably caused embarrassment and concern to an officer of this court,” Mr Moses said.

“There are serious issues here about whether the respondents (Nine) should be engaging in such conduct, seeking to attack the lawyer or the lawyers acting for the applicant.”

Justice Bromwich questioned why Ms Allen had sworn an affidavit filed in the proceedings against Ms Roberts if the lawyer had at one stage been in a “relationship” with the war hero. But following a brief adjournment, Mr Moses returned to court and said: “The applicant and the deponent are not in a relationship, full stop.”

Mr Roberts-Smith, who last week launched legal proceedings against his ex-wife, has claimed that Ms Roberts accessed his email account and may have shared legally privileged or confidential information about a military inquiry investigating alleged war crimes in Afghanistan with journalists at Nine newspapers.

Mr Moses said the “insinuation” that Mr Roberts-Smith was in a relationship with his lawyer could constitute a “contempt of court”. As well, the allegation could be interpreted as an attempt by Nine to “intimidate or threaten” lawyers in the defamation proceedings because it was published on the “first day” of the trial.

“At the end of the day, the case being fought in another courtroom in this building is about whether the applicant (Mr Roberts-Smith) in this case murdered people and committed war crimes,” he said.

The parents of Ben Roberts-Smith, Len and Sue Roberts-Smith. Picture: Sam Mooy/Getty Images

The court heard a new affidavit would be filed by 4pm on Thursday to deal with the issues concerning Ms Roberts in an effort to avoid the “unedifying” allegation becoming a “sideshow” to the defamation trial.

The former SAS soldier is suing The Sydney Morning Herald, The Age, and The Canberra Times for defamation over reports published in 2018 that alleged he committed murder during deployments to Afghanistan between 2009 and 2012. He denies the allegations and says the reports portray him as a murderous war criminal.

Outside court, Seven West Media commercial director Bruce McWilliam said the relationship allegation involving Ms Allen was “a deplorable slur” and “extremely unfair”.

“There’s no truth attached to any of it and it’s a very bad way to treat a very talented solicitor who’s very good at what she does,” Mr McWilliam said.

Last week, Justice Bromwich ordered Ms Roberts to hand over any documents to the Federal Court. She has also been ordered to file an affidavit by Friday outlining when and how the information was obtained.

Mr Roberts-Smith was scheduled to give evidence on Wednesday in the defamation proceedings against Nine but the hearing was adjourned until Thursday.