Ben Roberts Smith filed a lawsuit against ex-wife Emma Roberts

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Attorneys for Ben Roberts-Smith filed explosive charges in court regarding emails and the ex-wife of the medal-winning soldier.

The court learned that Ben Roberts-Smith is urgently investigating whether his ex-wife brought his confidential e-mails to lawyers and war crimes investigators on the eve of the defamation trial and leaked them to nine newspapers.

The lawyer for the medal-winning soldier now says that his high-profile trial may be “contaminated.”

Mr. Roberts-Smith filed a lawsuit against his ex-wife Emma Roberts on June 1, but it was not listed or publicly announced in the court file.

His barrister, Arthur Moses SC, told the court on Friday that Ms. Roberts was ordered to disclose whether she had accessed her ex-husband’s e-mail account and what she did with the information.

This happened after nine newspapers requested emails and attachments from Mr. Roberts-Smith’s email account in a defamation trial.

These emails were not stored anywhere else. When Mr. Roberts-Smith began to organize the files, he noticed that some had been deleted without his consent.

“Evidence shows that Ms. Roberts has access to the applicant’s e-mail, and the e-mail account he used was used to communicate with his lawyer regarding the defamation lawsuit and the Afghanistan investigation conducted by the Inspector General of the Australian Defence Force,” Mr. Moses said.

“And correspondence with people related to his employer.”

Mr. Moses told the court that the information on legal privileges belonging to Mr. Roberts-Smith was provided by his ex-wife, as well as documents that should be kept confidential under the IGADF investigation.

“If this happens, she communicates the material to anyone on the (Nine’s) side… This will cause various problems, such as the illegality of the material they have and potentially illegal behavior.”

“We need to know what she did with this information, because she is the person we think we have met (9).”

Mr. Moses said he needed to “urgently” find out what content (if any) Ms. Roberts or someone related to her had accessed from the email account, and whether the email was sent to the lawyer on the 9th.

“Part of the urgency, if it is discovered that Ms. Roberts has indeed provided the material, it is that some practical problems will arise in the Privilege (9) trial, namely, what is used and how it potentially contaminates these procedures,” he said.

Judge Robert Bromwich said that Ms. Roberts handed the documents to the Brisbane Court Registry, but had not told the court whether she had a lawyer.

The matter will be returned to court on June 9.

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