Ben Roberts-Smith considers legal bid after Nine | Australian Markets

Ben Roberts-Smith is contemplating a contemporary legal bid to clear his title after secret recordings revealed Nine reporter Nick McKenzie claiming he had acted unethically and had been briefed with some of the battle veteran’s legal strategy during his defamation case.

The West Australian understands the embellished soldier’s legal workforce at the moment are demanding an pressing rationalization from legal professionals for Nine and McKenzie about what different data he was aware of during the trial.

It can be understood Mr Roberts-Smith’s legal professionals should not ruling out searching for to have McKenzie face questioning within the witness stand.

It comes after revelations the star reporter was recorded telling a witness that Mr Roberts-Smith’s ex-wife, Emma Roberts, and her good friend, Danielle Scott, had offered him with some of the previous soldier’s legal strategy.

Mr Roberts-Smith fought — however misplaced — a defamation case he introduced towards Nine newspapers after he was accused of committing battle crimes in Afghanistan.

McKenzie informed the witness — a lady he was making an attempt to persuade to present proof for Nine — that the intelligence he had acquired in regards to the soldier’s legal strategy was “helpful” in Nine’s case.

In the recording, McKenzie will be heard saying: “You about, um, Danielle and Emma, like trying to tell you — and again, I know you won’t burn me so do not tell Dean please or Monique (Nine’s lawyers), or anyone that I’ve told you this — you know the fact that they’ve actively like briefing us on his legal strategy, in respect of you.

“We anticipated most of it, one or two things now we know which is helpful but the point, the reason I told you that was to say like, you know we’ve got this and they’re not hostile to you, despite your worst fears. They’re not,” he mentioned.

“I’ve told you that so many times now, as well. And I had to tell you that extra bit to sort of prove it in your mind.

“I shouldn’t tell you. I’ve just breached my f…ing ethics in doing that, like this has put me in a s..t position now, like if Dean knew that and Peter knew that, I’d get my arse f…ing handed to me on a platter.”

Mr Roberts-Smith, a Victoria Cross recipient, has appealed the judgment, with the choice but to be handed down.

The West has obtained a letter written by Mark O’Brien Legal principal Paul Svilans on behalf of Mr Roberts-Smith to MinterEllison associate Peter Bartlett, who acts for Nine, requesting solutions to a record of considerations.

They included an alleged failure to “avoid saying whether Mr McKenzie was privy to other information concerning our client’s case”.