Is it just me, or is this an incredibly bad look? [I'm sure it's not just me, although we haven't read if the other side admits any of this yet.]
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 spoke with 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.
Person 56 has an application before the court to be excused from a subpoena to give evidence, citing medical grounds.
Nicholas Owens SC, acting for Nine newspapers, on Wednesday said “through means unknown” the two SAS soldiers had been “placed in contact” with new lawyers after Moses contacted another Sydney lawyer.
Owens told the court: “We have become aware that recently Mr Moses has made contact with Mr Phillip Boulten … and we understand that Mr Moses expressed to Mr Boulten concerns that the interests of Person 56 and also 66 may not be being properly protected in relation to [them] being subpoenaed to give evidence in these proceedings.”
Owens raised the issue of how the witnesses’ identities became known to the new lawyers. He told the court “there is, of course, a prohibition on the true identity of Person 56 and Person 66 being made known to anyone” apart from authorised legal representatives. The new lawyers, Owens said, were not authorised representatives.
“There was an agreement by Person 56 to both speak to us and not oppose any application by us to call him to give evidence in the proceedings,” Owens said. But he said after contact from those lawyers “Person 56’s position has changed”.
1 comment:
This is the weirdest case I have ever read about. Start with roberts-smith denying he had an affair with one of his solicitors to the judge and next day we see them hand in hand in the newspapers.
It isn't a jury trial so how all these strange machinations work out we shall find out in due course.
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