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Ben Roberts-Smith Pushes for Retrial, Citing Alleged Privilege Breaches

The former SAS soldier seeks to reopen his appeal, claiming journalist Nick McKenzie improperly accessed privileged legal strategy material with the help of Roberts-Smith's ex-wife and her friend.

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Overview

  • Roberts-Smith's legal team argues that a miscarriage of justice occurred due to journalist Nick McKenzie's alleged use of privileged information before the 2023 defamation trial.
  • Subpoenas have been issued to Nine's lawyers, Peter Bartlett and Dean Levitan, to compel oral evidence on McKenzie's knowledge of the allegedly privileged material.
  • Bartlett and Levitan have moved to set aside the subpoenas, with their counsel calling the demands an abuse of process serving no proper forensic purpose.
  • The Full Court of the Federal Court will hear Roberts-Smith’s application to reopen the appeal in a two-day hearing starting May 1, 2025.
  • Newly surfaced recordings reveal McKenzie admitting to receiving and utilizing privileged legal strategy information, allegedly provided by Roberts-Smith's ex-wife and her friend.