A girl who accuses Ben Roberts-Smith of punching her within the face throughout a late-night argument in a Canberra resort sustained a big haematoma on her head falling down the steps at Parliament Home earlier within the night time, a federal court docket defamation trial has heard.
The lady, with whom Roberts-Smith was having an affair throughout 2017 and 2018, has beforehand given proof a black eye she sustained that night time was the results of Roberts-Smith punching her, knocking her backwards on to a mattress.
Roberts-Smith maintains the damage was sustained when she fell down a flight of stairs earlier within the night, and stated the assault allegation was a “fabrication”.
The lady – whose id has been protected by the court docket with the pseudonym Individual 17 – doesn't contest she fell down the steps, however informed the court docket in her proof given in March she was additionally punched by Roberts-Smith later that night time.
Roberts-Smith, a recipient of the Victoria Cross and considered one of Australia’s most embellished troopers, is suing the Age, the Sydney Morning Herald and the Canberra Occasions for defamation over a sequence of stories he alleges painting him as committing conflict crimes, together with homicide, in addition to an act of home violence in opposition to Individual 17.
The newspapers are pleading a defence of fact. Roberts-Smith denies all wrongdoing.
Referred to as by Roberts-Smith to present proof within the federal court docket Friday, a defence trade govt, Terry Nichols, testified he met Individual 17 on the finish of a operate at Parliament Home in early 2018.
Nichols, a former military officer, stated the girl was unsteady on her toes and slurred her speech as she requested him if he knew Ben Roberts-Smith.
Nichols stated he informed Individual 17 whereas he didn't know Roberts-Smith, he had recognised him on the occasion, and would discover him.
As he was calling a elevate to take Individual 17 to the automobile park she tried to descend a flight of stairs unaided and fell face first, placing her head on the touchdown, Nichols informed the court docket. He stated the autumn made a “horrible thud” and Individual 17 was momentarily unconscious.
When she got here spherical, Nichols stated, “there was a really giant haematoma on the left aspect of her brow above her eye … an instantaneous consequence of the autumn”.
Nichols requested two Australian federal cops, who have been close by, to rearrange for an ambulance for her, due to the scale of the haematoma: “It was like a big egg, fairly a considerable lump above the left eyebrow … given it had occurred so shortly, that’s why it was of concern.”
Nichols stated Individual 17 assured him she was not critically injured: “It’s OK, I’m OK, I simply must see Ben,” Nichols testified she stated.
Nichols stated he left Individual 17 with the AFP officers and went to search out Roberts-Smith within the automobile park. He discovered Roberts-Smith and directed him again to Individual 17. He didn't see both of them once more.
In her proof to the court docket, Individual 17 stated: “I fell down about … two or three steps on to the touchdown and I hit my head as I fell.”
The proof concerning the stairs is related to Roberts-Smith’s defamation case as a result of it pertains to one of many key allegations made in opposition to him: by the newspapers as a part of their fact defence: that individual 17 was assaulted within the resort room she shared with Roberts-Smith.
Subpoenaed by the newspapers to present proof in March this yr, Individual 17 stated Roberts-Smith was offended along with her again at their resort room, yelling in her face, “What the fuck have you ever executed”, saying she had been flirtatious with different males, and had uncovered their affair.
Individual 17 stated she simply wished to go to mattress and that her head harm.
She informed the court docket Roberts-Smith responded by saying “It’s going to harm extra”, or “I’ll present you harm”.
“And he punched me along with his proper fist on the aspect of my face and left eye … I ended up mendacity on the mattress. I simply lay there nonetheless as a result of I didn’t know what he was going to do subsequent.”
“I stated ‘my head hurts and I need to go to the hospital’.
“He stated ‘no, you’ll be positive, I’ll take care of you’.”
Roberts-Smith was questioned on the alleged incident on the Canberra resort throughout his testimony earlier than the court docket final yr. He denied all allegations of violence or threatening behaviour, saying the allegations have been “utterly false”.
“The entire story is a fabrication,” he informed the court docket.
“I’ve by no means hit a girl. I by no means would hit a girl. And I actually by no means hit Individual 17.”
Roberts-Smith stated Individual 17 sustained the accidents to her face and aspect when she fell down the steps at Parliament Home. He stated he didn't imagine she wanted to go to hospital, and he took her to the resort room the place he undressed her, put an icepack on her head, and put her to mattress.
Ben Roberts-Smith’s former spouse, Emma Roberts, has beforehand informed the court docket Individual 17 had a black eye a number of days later when she arrived unannounced at her household dwelling to disclose the affair. Roberts informed the court docket Individual 17 informed her she had fallen down some stairs at Parliament Home. In her proof, Individual 17 stated she lied about the reason for the black eye as a result of she feared retribution from Ben Roberts-Smith.
“I knew that I might be focused by him,” she stated.
Roberts-Smith has beforehand informed the court docket he and his spouse have been separated on the time he and Individual 17 started their affair. His now ex-wife informed the court docket this was not true, that they weren't separated.
The defamation trial, earlier than Justice Anthony Besanko, continues.
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