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ABC News
National
Jamie McKinnell

Ben Roberts-Smith's witness pleads guilty to hindering Commonwealth official

A man who appeared as a witness during the defamation case of former elite soldier Ben Roberts-Smith has pleaded guilty to hindering a Commonwealth official.

The man, who can only be identified as "Person X" under a court order, was this week due to face a two-day hearing over his "extremely discourteous" behaviour in a Sydney hotel.

Last year, he was charged with hindering a Commonwealth official, and causing harm to a Commonwealth judicial or law officer.

He appeared in Sydney's Downing Centre Local Court on Monday, where his barrister Rob Ranken indicated his client would plead guilty to the first charge, while the second charge was withdrawn.

In a short CCTV clip played to the court, the man was seen standing near the entrance of a lift as two officers attempt to prevent him entering it.

Mr Ranken said his client had pressed the lift button and was trying to get into the open door, with one hand in his pocket and the other raised in a "passive" position.

He told the magistrate Person X was not acting in an aggressive way and had repeatedly indicated he wanted to speak to his lawyer.

The officers were attempting to execute an Australian Federal Police warrant concerning electronic devices.

"Plainly, there has been a breakdown of communication," Mr Ranken said.

Mr Ranken said an "impasse" arose because his client was adamant about speaking to a lawyer before complying with the warrant.

Magistrate Miranda Moody said that on her reading of the police facts, Person X "behaved like a drunken fool", but the behaviour was "clearly on the lower end of the spectrum".

"He's made a jolly nuisance of himself," she said.

"It's not the crime of the century."

The court heard Person X had no criminal history and Magistrate Moody said his hostility amounted to swearing and behaving "extremely discourteously" to the officers.

She noted his lawyer's submission that he was stressed from giving evidence in an unrelated court case.

"I accept it was quite out of character, due to the extenuating circumstances," Magistrate Moody said.

She also accepted that he was remorseful and said the circumstances didn't warrant a criminal conviction, dismissing the charge without further penalty.

The magistrate considered details of Person X's work history, as provided by Mr Ranken.

Person X was among the witnesses called during Mr Roberts-Smith's high-profile defamation case against three newspapers.

Mr Roberts-Smith accused The Age, The Sydney Morning Herald and The Canberra Times of defaming him in a series of 2018 articles, which included allegations of unlawful killings in Afghanistan, bullying and domestic violence.

The judgment in the defamation trial is expected to be handed down some time this year.

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