The high-stakes defamation trial of war veteran Ben Roberts-Smith has been adjourned for three months due to Sydney's COVID-19 outbreak.
Key points:
- The defamation case was scheduled to return on November 1
- The case was temporarily resumed last week to hear from Afghan witnesses via video link
- A witness hearing will be held in October, following the COVID-19 lockdown in Sydney
The case resumed temporarily last week so the Federal Court could hear from three Afghan villagers over a video link from Kabul, following concerns about the deteriorating security situation in Afghanistan.
Both parties agreed the case should be adjourned until November 1, as the majority of remaining Australian witnesses are from outside NSW.
Justice Anthony Besanko today agreed, noting the state's stay-at-home orders would be in place until at least the end of August.
"There is at least a reasonable possibility that they will be extended for a period thereafter," he told the hearing in Sydney.
"Even after the stay-at-home orders have ceased to operate, it is necessary to build in a period before any state borders are open."
The judge said there was a need for as much certainty as possible as to the resumption of the trial.
"There are potentially many witnesses still to be called in this trial and the logistical arrangements for these witnesses are substantial," he said.
Mr Roberts-Smith is suing The Sydney Morning Herald, The Age and The Canberra Times over stories that reported serious allegations of war crimes, bullying, and domestic violence.
AAP: Mick Tsikas
)He has denied all of the allegations, while the newspapers are relying on a truth defence.
The court was told Nine Entertainment Co, the publisher of two of the papers, plans to call up to 24 witnesses and 19 are interstate.
Mr Roberts-Smith said he may call up to 19 witnesses.
Both sides have multiple former or current Special Air Service Regiment (SAS) operators on their witness lists.
The veteran's legal team also sought orders requiring any witness who seeks to be excused from attending in person file an affidavit setting out their reasons by late September.
But Justice Besanko rejected that proposal.
"It seems to me undesirable to make such orders in such unpredictable circumstances and in my opinion it is appropriate to maintain a degree of flexibility," he said.
The judge set down a case management hearing in October so questions of witness appearances could be debated.
He also declined to make an order setting a date in February for closing submissions, saying the trial had not reached a point where "sound and sensible decisions" could be made about such matters.
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2021-08-02 01:38:58Z
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