Roberts-Smith's ex-wife 'lied': lawyer

·2-min read

The former wife of Ben Roberts-Smith lied to the court about accessing crucial emails from her former husband, the Federal Court has been told.

New documents from Telstra and Crazy Domains show the only person who had access to the Victoria Cross recipient's email account was Danielle Scott and her husband, Arthur Moses SC said on Wednesday.

Ms Scott is Emma Roberts' best friend and is due to give evidence at the war hero's defamation trial.

"I mean (Ms Roberts) with all due respect has been caught out lying on the objective evidence," Mr Moses said.

"So it triggers now for her to be brought in for an examination to get to the truth of what occurred here."

Mr Roberts-Smith is suing The Age, The Sydney Morning Herald and The Canberra Times over articles from 2018 that he says depict him as a criminal who broke the moral and legal rules of military engagement during his deployments in Afghanistan with the SAS.

He is also suing over a claim he assaulted a woman in a Canberra hotel room.

The former special forces corporal denies all the claims, while the publishers have advanced a defence of truth.

He also filed court proceedings against his former wife claiming she handed over private and confidential communications to the mastheads in preparation for the defamation trial.

Ms Scott is said to have accessed Mr Roberts-Smith's email account 101 times, proving that Ms Roberts earlier issued a "false story" to the court, Mr Moses said.

"At the end of the day Your Honour, this case is all about trying to get to the bottom of how it is that respondents in another set of proceedings, in effect, can be armed with knowledge of the contents of certain email belonging to (Roberts-Smith)."

Ms Roberts' lawyer Jason Murakami said this argument asked the judge to speculate that Ms Scott accessed these domains put before the court, and that she must have been given the password from her good friend.

"There's just no direct evidence of that," Mr Murakami said.

And in all the evidence before the court, never once has Mr Roberts-Smith been able to tell the court what confidential information "he says that he is trying to protect," he said.

Earlier documents filed to the court revealed Ms Roberts was allegedly pressured to lie about being separated from her then-husband at the time he was having an affair.

The matter is due before Justice Robert Bromwich next on September 17.

In another hearing on Wednesday, Justice Anthony Besanko was told media outlets were seeking draft media releases and other documents from a public relations firm engaged by Mr Roberts-Smith.

The soldier has cited legal privilege over the documents on the basis lawyers were involved in the exchange of the drafts, the outlets' lawyer said.

That matter was adjourned to October 1

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