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National
Jamie McKinnell

Elite soldier denies bitter obsession with Ben Roberts-Smith's Victoria Cross

Mr Roberts-Smith is suing over reports linking him to alleged war crimes in Afghanistan. (AAP: Dan Himbrechts)

An elite soldier has told a Sydney court he's "not proud" of anonymously speaking to the media about Ben Roberts-Smith, but denied being motivated by a bitter obsession with the war veteran's Victoria Cross.

The serving Special Air Service Regiment (SAS) soldier was called by Nine Entertainment, the publisher of newspapers being sued by Mr Roberts-Smith over 2018 stories that contained what he argues are untrue allegations of unlawful killings and bullying.

Codenamed Person 7, he admitted on Wednesday he breached defence policies by speaking to the media.

The Federal Court heard the witness was one of the anonymous sources who spoke to Nine's 60 Minutes for a 2019 episode about allegations Mr Roberts-Smith kicked an Afghan detainee over a cliff in the village of Darwan, which the veteran denies. 

Under cross-examination from Mr Roberts-Smith's barrister Arthur Moses SC, Person 7 has agreed he didn't believe the veteran deserved the VC, but denied being "consumed" by hatred and seeking to "blacken" Mr Roberts-Smith's name to "diminish" the award.

"You've been obsessing about your view ... from the moment he was awarded it," Mr Moses said.

"That is incorrect, Mr Moses," Person 7 replied.

Mr Moses put it to the witness that "pushing" allegations about Mr Roberts-Smith was the best way he could make himself feel better about his "bitterness", which he rejected.

Arthur Moses questioned Person 7 in court. (AAP: James Gourley)

The witness has repeatedly said he "reaffirmed" existing allegations on the 60 Minutes episode after Mr Roberts-Smith conducted an "aggressive intimidation campaign" of former comrades, denying he was "pressured" to participate.

Asked whether he regretted his decision, Person 7 replied: "I'm not proud of it, however, I can't say I regret it, no."

"Do you accept that by going on that program you made a huge mistake?" Mr Moses asked.

"It was a mistake, I know that, because it was against defence policy."

The court heard Person 7 was not present during the 2012 mission where the cliff incident is alleged to have occurred, however was told about the allegation by a soldier who was there, codenamed Person 4.

Person 7 said he wanted to let the country know there was a "serious" allegation and told the judge Person 4's life has been "destroyed".

He denied "manipulating" Person 4, insisting the soldier had "knowingly and willingly" spoken to him about the mission.

Person 7 said he was aware the Inspector-General of the Australian Defence Force (IGADF) was looking into the cliff allegation.

"Were you of the view it was not being taken seriously by the IGADF?" Mr Moses asked.

"I was of the view it was being taken very seriously by the IGADF," Person 7 said.

"You wanted the allegation to be put out there to rubbish Mr Roberts-Smith, didn't you?" the barrister asked.

Person 7 replied: "Not at all".

The witness said some of what he told journalist Chris Masters could be considered "childish gossip". (AAP: Paul Miller)

The court heard Person 7 also met with journalist Chris Masters and their initial contact was approved by the Defence Force for a book Mr Masters was writing. 

But Person 7 agreed parts of their conversations involved Mr Roberts-Smith, including personal details. 

Mr Moses took the witness through Mr Masters's notes from their contact, which included comments about Mr Roberts-Smith's employment at Channel 7, Mr Roberts-Smith's father, and the veteran's involvement with charities.

The notes record the witness telling the journalist that Mr Roberts-Smith previously "didn't give a shit about charities" and was "trying to make his reputation look squeaky clean".

"That was a personal view," Person 7 told the court.

Person 7 spoke of what he believed was Mr Roberts-Smith's bullying of another soldier, Person 1, who has problems with depression.

He told the court he was trying to imply, from his noted comments, it was "a bit rich" that Mr Roberts-Smith allegedly contributed to the depression and then became "a patron of a mental health charity".

Person 7 insisted he was answering Mr Masters's questions during their contact and some of the information was off-the-record.

However, he conceded some of what he told the journalist could be considered "petty, immature, childish gossip".

The court heard the notes also alluded to Mr Roberts-Smith's military career and his "amount of f*** ups" as a patrol commander.

"Mr Masters was asking questions, asking my opinion ... I gave him my honest assessment," the witness said.

"You wanted to character assassinate Mr Roberts-Smith because of your jealousy over the VC," Mr Moses put to him.

"No, that's not correct at all," Person 7 replied.

The trial, before Justice Anthony Besanko, continues.

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