Decision expected in just days in BRS defamation retrial

Disgraced former soldier Ben Roberts-Smith will learn on Friday whether he has been successful in his bid to overturn his defamation loss.

Roberts-Smith failed in his bid to sue Nine Newspapers in 2023 for a series of articles alleging that he had committed war crimes, with the Federal Court instead finding, on the civil standard of the balance of probabilities, that the allegations were true.

An appeal hearing took place in February last year, spanning over 11 days, with the parties waiting well over a year for a decision.

The Federal Court media confirmed to NewsWire the full court will deliver its decision on the application to reopen the appeal on Friday morning.

The court is also expected to deliver its decision on the Robert-Smith’s interlocutory application.

The Victoria Cross recipient is claiming a miscarriage of justice in his failed defamation case against Fairfax Media after recordings surfaced last month of reporter Nick McKenzie allegedly admitting to accessing information relating to the veteran’s legal strategy before the trial.

Roberts-Smith is contending his ex-wife had access to his email account and that she and her friend Ms Scott passed his privileged messages on to McKenzie.

Both Roberts-Smith and McKenzie made appearances in the Federal Court earlier in the month where lengthy submissions were heard from both lawyers for the veteran as well as lawyers for Nine.

McKenzie himself was questioned on the stand for a gruelling five-hour long cross examination.

The reporter took his time to answer questions carefully as he sat across from the former soldier who was flanked by family members.