‘Secret’ recording will be heard in court as Ben Roberts-Smith fights to overturn defamation loss

<p>Phone call contains admission of a ‘serious nature’ by investigative journalist Nick McKenzie, according to decorated war veteran’s legal team</p><ul><li><a href="https://www.theguardian.com/australia-news/live/2025/may/01/australia-election-2025-live-anthony-albanese-peter-dutton-campaign-policies-economy-inflation-cost-of-living-coalition-labor-ntwnfb">Election 2025 live updates: Australia federal election campaign</a></li><li>Get our <a href="https://www.theguardian.com/email-newsletters?CMP=cvau_sfl">afternoon election email</a>, <a href="https://app.adjust.com/w4u7jx3">free app</a> or <a href="https://www.theguardian.com/australia-news/series/full-story?CMP=cvau_sfl">daily news podcast</a></li></ul><p>A “recording made in secret” has been ruled admissible in Ben Roberts-Smith’s bid to reopen his appeal for his unsuccessful defamation case against Nine newspapers – despite Nine’s lawyers arguing the audio should be treated with “great caution”.</p><p>The recording is a key piece of evidence, according to the decorated war veteran’s legal team, who claimed the 85-second audio clip contained an admission by investigative journalist Nick McKenzie of a “serious nature”.</p> <a href="https://www.theguardian.com/australia-news/2025/may/01/secret-recording-ben-roberts-smith-defamation-appeal-nine-ntwnfb">Continue reading...</a>