Former soldier Ben Roberts-Smith has lost his court case against his ex-wife over allegations she accessed confidential emails.
Federal Court Justice Bromwich also ordered the Victoria Cross recipient pay Emma Roberts's costs.
"In my view, the material relied upon goes no further than bare possibilities and suspicions, with many such assertions in relation to Ms Roberts being shown to be ill-founded as against her," Justice Bromwich said.
Mr Roberts-Smith sued Ms Roberts during his defamation case against the Sydney Morning Herald, The Age and The Canberra Times, of which Ms Roberts is a defence witness.
His lawyers then accused her of accessing an email account to obtain confidential information including legal correspondence, alleging she may have then passed it on to the respondents in the defamation trial.
This was despite the respondents not producing "any such material" produced by Ms Roberts", Justice Bromwich said in deciding Mr Roberts-Smith had no arguable case.
Mr Roberts-Smith further alleged Ms Roberts's best friend Danielle Scott and her husband may have accessed the email account for his company, RS Group Australia.
The former SAS soldier provided the court with Telstra records but Justice Bromwich found there was "an unacceptably high chance" that someone other than Ms Roberts, or the proposed respondents, could have accessed the email account.
"This is too significant a margin for error to allow me to infer anything concrete from this evidence, let alone to order that any examination should occur based on it," Justice Bromwich said.
The judge also considered evidence of private messages between Ms Roberts and Ms Scott where the pair discussed the email account.
"It follows that once again, the inferences Mr Roberts-Smith seeks to have the court draw were based upon an incorrect and suspicious interpretation of what was being said, while Ms Roberts's response has been accurate, reliable and credible," Justice Bromwich said of one the message exchanges.
He said "threads of material" in relation to Ms Scott's husband accessing the account did not make a case.
Mr Roberts-Smith and Ms Roberts separated in January 2020.
His defamation case against the three media outlets over allegations of war crimes, bullying and domestic violence has been delayed by COVID but is due to resume on February 2.
