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Roberts-Smith’s Appeal Hinges on Secret Recording as Journalist Faces Ethics Scrutiny

The Federal Court is evaluating claims of a miscarriage of justice in the former soldier's defamation case, with Nick McKenzie under cross-examination over alleged ethical breaches.

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Overview

  • Ben Roberts-Smith is seeking to reopen his defamation appeal, citing a secret recording of journalist Nick McKenzie allegedly admitting to ethical breaches.
  • The recording purportedly reveals McKenzie received details of Roberts-Smith's legal strategy from his ex-wife Emma Roberts and her friend Danielle Scott.
  • McKenzie testified that he recorded conversations with Scott for legal purposes and denied knowingly possessing privileged legal information.
  • Roberts-Smith's legal team argues McKenzie's conduct may have influenced the credibility assessments of key witnesses in the original trial.
  • The two-day hearing in Sydney concluded with closing submissions, and a decision from the Full Court is pending.