Federal Court Weighs Ben Roberts-Smith’s Bid to Reopen Defamation Appeal

Roberts-Smith argues a leaked recording of journalist Nick McKenzie reveals misconduct that undermined the fairness of his 2023 trial.

Ben Roberts-Smith has filed an application to reopen his defamation appeal, citing alleged misconduct by journalist Nick McKenzie during the original trial.
The appeal centers on a leaked audio recording in which McKenzie allegedly discusses Roberts-Smith’s legal strategy with a witness, 'Person 17,' who testified against him.
Roberts-Smith claims McKenzie improperly obtained confidential information from his ex-wife and her friend, which he argues constitutes a miscarriage of justice.
The Federal Court, which previously ruled Roberts-Smith complicit in war crimes, is deliberating on whether to admit the new evidence and proceed with the appeal.
Nine Entertainment, McKenzie's employer, denies any ethical breaches, asserting confidence in their journalist’s conduct and dismissing Roberts-Smith’s claims as baseless.