Ben Roberts-Smith’s alleged mistress and the Australian Federal Police discussed her wearing a wire after her turbulent relationship with the elite soldier collapsed, a court has heard.
It comes after the woman claimed a mysterious, unknown man threatened to leak photos of her having sex with Mr Roberts-Smith unless she complied with one strange request.
Mr Roberts-Smith is suing Nine newspapers and journalists over a series of articles claiming he is a war criminal and domestic violence abuser.
The Victoria Cross recipient denies each and every allegation and insists he was sepaxjmtzywrated from his wife, Emma Roberts, while dating a married woman in late 2017 to early 2018.
Nine is asserting a truth defence.
The woman, known only as Person 17, has told the court Mr Roberts-Smith struck her in the face at their hotel after she drunkenly embarrassed herself in front of political and military dignitaries at a party in Canberra.
Their relationship collapsed shortly after that but not without Person 17 repeatedly trying to contact Mr Roberts-Smith through his assistant and lawyers as recently as mid-2020.
Person 17 also spoke with the Australian Federal Police and told the court she wrote notes after the meeting, the court heard.
Mr Roberts-Smith’s barrister, Bruce McClintock SC, showed Person 17 those notes which said “r-ship”, short for relationship, and some arrows.
Above one arrow Person 17 had written “using me as a reliable witness”, the court heard, and another line said “initiate contact wire”.
“You suggested, didn't you, you’d initiate contact with (Mr Roberts-Smith) and were prepared to wear a wire?” Mr McClintock asked.
“No, that was suggested to me by the Australian Federal Police,” Person 17 told the court.
Mr McClintock, earlier showed Person 17 another document she had prepared that listed dates they stayed in particular hotels and other events in the relationship.
Person 17’s document does not note she had tumbled down a staircase after becoming very drunk at the Canberra black-tie event in late March 2018, the court heard.
It also does not mention Mr Roberts-Smith’s alleged attack on her hours later.
The document does not mention a strange interaction on a beach near Person 17’s home days later, on April 3, 2018.
“Earlier that morning when I had gone for a walk on the beach near my house I was approached by a man who had photos of Ben and I, they looked like Ben and I having sex in a hotel room,” Person 17 told the court.
“He said to me you‘ve been seeing Ben Roberts-Smith, he showed me the photos, he said I was to tell Emma about the affair or the photos would be made public.”
The photographs appeared to have been taken through the windows of the ritzy Milton Hotel in Brisbane, she told the court.
Mr McClintock told Person 17 that she and Mr Roberts-Smith had never stayed below the 20th floor of the Milton and suggested no buildings overlooked the hotel.
Mr McClintock asked why Person 17 didn’t tell Mr Roberts-Smith about the encounter with the “random gentleman”.
“I didn‘t trust him … I thought he might be involved with it,” Person 17 said.
Mr McClintock said the entire beach encounter was a bald-faced lie, but Person 17 insisted it was true.
Two days later, on April 5, Person 17 met with Mr Roberts-Smith at another hotel in Brisbane after pleading with the Victoria Cross recipient.
“You said you were frightened (of him), it‘s not a good indicator of fear if you replicate the exact situation (of the Canberra assault)?” Mr McClintock asked Person 17.
“I was simultaneously in love with him and afraid of him,” Person 17 said.
During that final liaison, Person 17 and Mr Roberts-Smith agreed to break off the relationship despite it being as difficult as giving up “crack” cocaine.
As Mr Roberts-Smith showered Person 17 read his licence and decided to drive to his marital home once Mr Roberts-Smith boarded his flight.
On the morning of April 6, Person 17 said, she drove to her lover’s family home and revealed the affair to Mr Roberts-Smith’s then-wife.
She told the court, this week, she confronted Ms Roberts to signal the affair was finished.
The court heard she had tried to report the Canberra alleged assault to her local police but they would not let her speak to anyone senior.
Person 17 eventually spoke with Nine journalist Nick McKenzie and, on his advice, the Australian Federal Police, the court heard.
Person 17 ultimately told the police she did not want to proceed with any investigation.
“I’m scared that if it becomes public in any way he will think it’s my doing and will seek payback,” she told the court through tears earlier on Wednesday.
The court heard Person 17 told the AFP she confronted Ms Roberts to keep the photographs secret.
“I gave them multiple explanations,” she told the court on Wednesday.
Mr McClintock said Person 17 was professional, educated, independently wealthy, married and put considerable effort into seeing Mr Roberts-Smith once every 10 days throughout the six month relationship.
“No one made you do it,” the barrister said.
“No,” Person 17 answered.
“If you were frightened you could have stopped at any time?” Mr McClintock said.
“Yes,” she responded.
“My client had no power over you, did he?”
“He did.”
