War hero Ben Roberts-Smith's 'trial of the century' will resume with four Afghan witnesses giving evidence against him from Kabul next week
- Australia's most decorated soldier Ben Roberts-Smith is suing Nine newspapers
- Afghanistan veteran and VC recipient claims he was portrayed as a war criminal
- The 42-year-old was in a Federal Court witness box for three weeks last month
- Mr Roberts-Smith could claim millions in damages if he proves he was defamed
- His trial was suspended on June 29 due to Sydney's ongoing Covid-19 lockdown
Four Afghan witnesses will give evidence in the Ben Roberts-Smith defamation trial next week as the security circumstances in their war-torn country deteriorates.
The witnesses, who are all in Kabul, will need to ready to give their testimony through an interpreter based in Canada from 4.45am local time.
Nine newspapers will call the Afghans to support their allegations that Mr Roberts-Smith engaged in war crimes during his deployments in Australia's longest war.
The Federal Court heard the rest of the trial could be delayed by up to two months due to Covid-19 and may eventually have to be moved to Adelaide or Canberra.
Barrister Bruce McClintock SC, for Mr Roberts-Smith, said there was 'real damage' being done to his client while the trial was suspended.
Mr Roberts-Smith, 42, is suing Nine newspapers at the Federal Court trial in Sydney over media reports alleging he was involved in war crimes, murders and bullying in Afghanistan
Many of Nine's - and some of Mr Roberts-Smith's - witnesses will be coming from Perth, where the Special Air Service is based. Mr Roberts-Smith is pictured in Afghanistan
'The stress on my client and the anguish this is causing is very, very great,' Mr McClintock told Justice Anthony Besanko.
'His life is in effect on hold until this case is over.'
Mr McClintock said many of the former Australian soldiers to be called by both sides had their own 'personal issues' due to their service in Afghanistan.
'Their mental health is declining,' he said. 'It is imperative we would say to get this case on as soon as possible.'
Australia's most decorated soldier is suing Nine newspapers over allegations he committed war crimes including murder while serving with the Special Air Service in Afghanistan.
The trial was suspended on June 29 after a month of hearing because of Sydney's COVID-19 lockdown and the inability of interstate witnesses to give evidence.
Last week Mr McClintockraised the possibility of the trial being moved from Sydney to Adelaide or Perth if Covid-19 lockdowns and border restrictions continued.
On Monday, he suggested Canberra and Adelaide as possible venues, however a barrister for the Commonwealth said such a move could take two months.
Mr Roberts-Smith is pictured receiving his Victoria Cross for gallantry from then Governor-General Dame Quentin Bryce in 2011. He also holds the Medal for Gallantry
Mr McClintock said last week he expected 20 people would need to be physically present in the Sydney court room to hear the Afghans' evidence.
'These people are accusing my client - or at least one of them is - of a murder,' Mr McClintock said.
Mr McClintock had told Justice Besanko that safely fitting 20 people into a Sydney court room would be difficult under social distancing rules.
'That carries real risk, Your Honour,' Mr McClintock said. If one person in the hearing was exposed to the virus everyone else would have to self-isolate.
Nine prepared an affidavit outlining the deteriorating circumstances in Afghanistan as coalition forces led by the United States withdraw from the country.
The trial has previously been told Nine will call evidence from 21 current and former SAS members as well as several Afghan villagers. Other notable witnesses set to testify include Mr Roberts-Smith's ex-wife Emma Roberts. The former couple is pictured together
Mr McClintock said on July 14 it seemed unlikely Taliban insurgents would soon launch an assault on the nation's capital and that for now, 'Kabul seems relatively safe'.
Many of Nine's - and some of Mr Roberts-Smith's - witnesses will be coming from Perth, where the Special Air Service is based.
Mr McClintock said Western Australia had 'traditionally' been slow to open its borders to other states that had been in lockdown.
Mr Roberts-Smith is suing three newspapers over media reports alleging he was involved in war crimes and bullying in Afghanistan.
The 42-year-old is also suing the outlets over a claim he assaulted his mistress, a woman known as Person 17, in a Canberra hotel room.
The newspapers claim Mr Roberts-Smith was complicit in and responsible for the murders of six unarmed Afghans.
Nine alleges Mr Roberts-Smith killed insurgents who had been captured and none of the killings was the result of decisions made in the heat of battle.
The former SAS corporal's legal team argues their client is a victim of a lying campaign by journalists and failed soldiers jealous of his stellar military career and Victoria Cross
Mr Roberts-Smith is suing newspapers including the Sydney Morning Herald which ran this front page investigation into allegations of war crimes committed in Afghanistan on the weekend of June 9 and 10, 2018
The landmark trial was in its fourth week when it was paused shortly after Mr Roberts-Smith stepped out of the witness box.
Before Nine could open its defence case barrister Nicholas Owens SC flagged that crucial SAS witnesses were unavailable due to border rules in Western Australia, Queensland and Victoria.
The trial has previously been told Nine will call evidence from 21 current and former SAS members as well as four Afghan villagers.
Notable witnesses set to testify for Nine include federal Liberal MP Andrew Hastie, a former SAS captain, and Mr Roberts-Smith's ex-wife Emma Roberts.
The trial was expected to run for 10 weeks before the COVID-19 disruption complicated matters.
Mr Roberts-Smith denies all the claims against him while the news outlets defend them on the basis of truth.
The former SAS corporal's legal team argues their client is a victim of a lying campaign by journalists and failed soldiers jealous of his stellar military career and Victoria Cross.
Mr Roberts-Smith's trial was expected to run for 10 weeks before the COVID-19 disruption complicated matters. He is pictured serving in Afghanistan
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