Nick McKenzie: Nine reporter recorded claiming | Australian Markets
Nine reporter Nick McKenzie was caught on a tape claiming he had engaged in unethical behaviour by acquiring details about Ben Roberts-Smith’s legal strategy during the Afghanistan veteran’s defamation case.
In bombshell revelations on Monday, investigative reporter Sharri Markson reported she had obtained a secret recording during which McKenzie says Roberts-Smith’s ex-wife, Emma Roberts, and her good friend had been “actively briefing us on his legal strategy” in respect to a witness.
The witness was a lady McKenzie was making an attempt to persuade to present proof for Nine in its defence of a defamation swimsuit introduced by the Victoria Cross winner after the company’s newspapers accused him of committing warfare crimes in Afghanistan.
In the 2021 dialog, McKenzie admits figuring out Roberts-Smith’s legal strategy and saying it had been “helpful” in Nine’s case.
In recordings aired on Sky News, McKenzie says: “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.
“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.
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“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.”
McKenzie was referring to Nine’s legal professionals during the trial, Dean Levitan and Peter Bartlett, of law firm MinterEllison.
The Nightly doesn’t recommend any of the legal professionals concerned within the case had been conscious of any wrongdoing, together with the accessing of privileged data.
“I wouldn’t tell anyone else I haven’t told anyone, like no one else l’d tell this,” McKenzie says.
As the dialog continues, McKenzie tells the girl particulars of an energetic undercover police investigation, including that Mr Roberts-Smith was “f…ed”.
“No one knows about the police investigation,” McKenzie was recorded saying.
“It’s a sensitive ongoing police investigation, phone taps, task force, there’s a whole new task force has been stood up in Brisbane. An entire new task force. There’s police living in his apartment block under assumed identities, as we speak.
“Like the guy is f…ed.”
During the trial, Mr Roberts-Smith launched a separate defamation motion in opposition to Ms Roberts, alleging she accessed an electronic mail account he used for confidential legal correspondence in regards to the case.
He alleged that data landed within the laps of Nine’s legal professionals and had the potential to infect the trial.
Ms Roberts admitted she allowed her good friend, Danielle Scott, to entry Mr Roberts-Smith’s electronic mail accounts however solely in relation to the breakdown of their marriage.
The legal problem was dismissed, with the decide discovering the proof relied upon “goes no further than bare possibilities and suspicions”.
However, the key recordings raise questions as to what different data was shared.
McKenzie didn’t reply to Sky News’ questions.
A Nine News spokesman informed the publication: “Having reviewed the audio clip, with support from external counsel, we can confirm there is no breach of legal privilege or ethical concerns”
“Nine has full confidence in the reporting and actions of Nick McKenzie, an award-winning reporter who enjoys the respect and admiration of his editors and colleagues in the newsroom,” the spokesman stated.
Emma Roberts’ legal group declined to remark and MinterEllison didn’t reply to a request for remark.
Federal Court Judge Anthony Besanko discovered the allegations made in opposition to Mr Roberts-Smith — that he dedicated severe warfare crimes, together with homicide, during raids in Afghanistan in 2009 and 2012 — had been considerably true.
However, Mr Roberts-Smith has at all times vehemently denied the claims and launched an appeal in opposition to the judgment.
A call is anticipated to be handed down within the close to future.
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