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The Guardian - AU
The Guardian - AU
National
Ben Doherty

Ben Roberts-Smith’s barrister spoke to lawyer who then contacted Nine newspapers’ witnesses, court hears

Ben Roberts-Smith
Ben Roberts-Smith, who is suing Nine newspapers for defamation, has been issued with a notice to produce ‘evidence of communications’ between witnesses in the trial. Photograph: Bianca de Marchi/AAP

A former soldier scheduled to give evidence against SAS veteran Ben Roberts-Smith is seeking to pull out, prompting claims in court that Roberts-Smith’s barrister spoke to a senior lawyer who then contacted the secret witness.

In a dramatic turn in the case on Wednesday morning, lawyers for the newspapers defending a defamation claim from Roberts-Smith told the federal court two critical witnesses had been contacted by lawyers, allegedly after Roberts-Smith’s barrister Arthur Moses SC contacted another senior barrister to express concerns the witnesses’ interests were not being properly protected. The witnesses – former soldiers known in court documents as Person 56 and Person 66 – had agreed to give evidence for Nine newspapers.

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