against his former wife, Emma Roberts, who is expected to give evidence for the newspapers in the high-stakes trial. Court orders were made on that day in her absence.
“Part of the urgency in this matter is if it transpires that Ms Roberts did in fact provide material that was privileged to the [media outlets] ... then there are some real issues that will arise in the trial as to what use was made of that material and how it potentially has contaminated those proceedings,” Mr Moses said.
Mr Moses agreed. He said “a concern arose” after the media asked Mr Roberts-Smith to produce certain documents in the defamation proceedings, and “some of the documents ... were emails or attachments to emails sent to or from the applicant’s email account and were not stored by the applicant anywhere else”.
A different judge, Justice Anthony Besanko, is presiding over the defamation trial and Justice Bromwich said “we can keep Justice Besanko in a broad sense ... [informed of] what’s happening just so that, again, it doesn’t affect the smooth running of the trial”.
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