Krotte Military Hero Ben Roberts -Smith – who did not know his name for accusations of war crimes – has demanded a new trial after he claims that a 'justice of justice' was.
The ex-SAS corporal suffered a stunning loss in a marathon burden process in June 2023, when a judge of the federal court found claims that were submitted to him by nine newspapers, where were about the probability of probability.
Mr. Roberts-Smith, who received the Victoria Cross in 2011, lodged an appeal in the Federal Circuit Court in the hope of having the ruling destroyed.
The long -term case returned to public attention on Monday when Sky News released explosive audio of one of the journalists involved in the case involved.
Research reporter Nick McKenzie can be heard that he 'violated his ethics' by obtaining part of Mr. Roberts-Smith's legal strategy.
“You know the fact that they want to actively inform us about his legal strategy, with regard to you,” Mr. McKenzie is heard against a woman he was encouraging to cooperate with the defamation.
'We had expected the most, one or two things now we know what is useful, but the point, the reason I told you it was to say, you know we have this and they are not hostile to you, despite your worst fears. They are not.
“I shouldn't tell you. I just broke through my f *** ing ethics, as this has now placed me a *** position, as if Dean knew and Peter knew that, I would get my A *** F *** ING on a dish. '
Victoria Cross-receiver Ben Roberts-Smith (photo) demands a new trial what he claims was a 'justice law'
The veteran's lawyers are also looking for the full slander finding to be destroyed and a new process.
'In the circumstances … The nature of the information that was wrongly obtained and its concealment until after the conclusion of the process and the attraction, it is in the interest of justice … that the issue must be restored, “the application was.
There is no suggestion that Nine's lawyers have acted incorrectly.
Mr. Roberts-Smith said he was only an 'honest trial'.
He said that his lawyers were looking for leave to rely on additional evidence, “including an audio recording in which a journalist admits that he is being informed with my confidential legal strategy.”
Mr. Roberts-Smith claims that there is separate evidence that his e-mails are wrongly accessible for more than 100 times between 2020 and 2021.
He is also planning to 'change my reasons by appeal to take a judicial miscarriage'.
In the decision of the federal court of 2023, justice ruled that claims of nine newspapers and Federal Capital Press about Ben Roberts-Smith (depicted) while he was a SAS commander, 'substantial or contextual' were true
“During this process I continued to fight for justice and today that fight will continue,” said Mr. Roberts-Smith in a statement.
'As a soldier, I spent most of my adult life serving this country and putting my life at stake to defend our rights as Australians. The only thing I have ever asked for was a fair trial where the truth and justice can prevail. '
A nine spokesperson told Sky News that there was no violation of legal privileges or ethical concerns.
'Any claims of justice law are unfounded and a continuation of the ongoing Mistross campaign that are set by Ben Roberts-Smith and his media supporters.
“Nine have full faith in the reporting and actions of Nick McKenzie.”
Daily Mail Australia has contacted Nine's lawyer and Mr. Roberts-Smith for comment.
In 2023, the Federal District Court of Anthony Besanko ruled that all claims of nine newspapers and Federal Capital Press of which Mr. Roberts-Smith was to be defamation, or were 'substantial or contextual'.
They include claims that in September 2012, as a SAS commander, he kicked an Afghan prisoner of a cliff, the performance of an amputated ordered and was involved in three other executions of unarmed prisoners.
Nine has said that the company has complete confidence in the reporting and actions of research reporter Nick McKenzie (photo) after explosive audio around the defamation has arisen
Justice Besanko also found operations with regard to domestic violence 'contextual truth', although the evidence of Mr. Roberts-Smith's former Mistress Person 17 'was not sufficiently reliable to find that an attack had taken place'.
However, the veteran maintains his innocence and has not been charged or convicted of any violations.
The summary of Justice Besanko included conclusions that are only legally binding in the defamation that Mr. Roberts-Smith took against nine.
Finding nine had shown that “the applicant has violated the moral and legal rules of military involvement and is therefore a criminal,” does not mean that the veteran has committed a crime.
