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Ben Roberts-Smith Seeks Retrial as Journalist Faces Ethics Breach Allegations

Federal Court hears claims that Nick McKenzie improperly accessed privileged legal strategy in Roberts-Smith defamation case.

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Overview

  • Ben Roberts-Smith is pushing to reopen his defamation appeal, citing a miscarriage of justice due to alleged ethical violations by journalist Nick McKenzie.
  • McKenzie is accused of receiving confidential legal strategy information from Roberts-Smith’s ex-wife, Emma Roberts, and her friend, Emma Scott.
  • A newly surfaced recording features McKenzie admitting to receiving and using privileged information, which he acknowledged breached his journalistic ethics.
  • Roberts-Smith’s legal team argues this evidence should be considered before the Federal Court delivers its decision on his 2024 appeal.
  • The Federal Court has begun a two-day hearing, with McKenzie set to testify about the allegations and the admissibility of the contested recording.