The former soldier’s appeal against his defamation loss will be heard in February, and each judge will be given a safe and separate computer to protect national security.
Besanko found the newspapers had proven to the civil standard – on the balance of probabilities – that Roberts-Smith was a war criminal who was complicit in the murder of four unarmed prisoners in Afghanistan. He also found the news outlets had proven the former Special Air Service corporal had bullied a fellow soldier..
At a preliminary hearing in Sydney on Thursday, Jennifer Single, SC, acting for the Commonwealth, said the Commonwealth was “here to assist in the logistics of the appeal” relating to national security information. Presiding judges and their associates were “automatically authorised persons” under existing national security orders, Single said, but “any executive assistants who may be assisting, even insofar as opening the safe, getting documents out of the safe, would have to become authorised persons”.“The closed section [of the judgment] will have to be typed on a different computer,” Single said.“So long as the requirements of the orders are complied with,” Single said.
“Sometimes there are rules like you’ve got to have your blinds shut when you’re looking at things in case there are people with drones or something,” he said.
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