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Jack Gramenz

Safes and security for secrets in Roberts-Smith appeal

Extra security measures are expected for Ben Roberts-Smith's defamation appeal hearing. (Dan Himbrechts/AAP PHOTOS)

Safes could be installed and blinds drawn in judges' chambers to protect sensitive evidence as disgraced former SAS soldier Ben Roberts-Smith fights his high-stakes defamation loss.

Separate courtrooms would also need to be allocated to hear some arguments in a closed court, with separate software set up to record them.

The Federal Court judges who will hear the appeal will also soon be determined as Mr Roberts-Smith seeks to overturn his loss after he sued over a series of newspaper articles that alleged his involvement in four murders while serving in Afghanistan.

The closed-court content might also be subject to separate submissions, which would need to be typed on computers provided by the defence department for the estimated 10-day hearing in February.

Mr Roberts-Smith has appealed the judgment of Justice Anthony Besanko, who ruled reports in the Sydney Morning Herald, The Age and the Canberra Times containing allegations of war crimes were substantially true.

The decorated ex-SAS corporal has always denied the allegations and appealed the decision in July.

He argues the judge made critical errors when assessing evidence, used circular reasoning, speculation and cherry-picked evidence in relation to the alleged unlawful execution of two prisoners at a compound in 2009.

Findings that he kicked a handcuffed prisoner off a cliff at Darwan and then ordered his execution, and that he ordered the killing of a prisoner in Chinartu in 2012 have also been challenged as "inherently improbable" and "inconsistent" with the evidence.

Representing the newspapers, Nicholas Owens SC on Thursday said sensitive, closed-court material for the case would need to be held on secure electronic devices, involving an elaborate process.

"It's not quite handcuffed briefcases, but briefcases with locks that have to be moved between secure locations," he said.

Mr Owens told Justice Nye Perram he could expect a "very ugly safe" to be installed in his chambers, in addition to other security measures.

"Sometimes there are rules that you have to have your blinds shut in case there are people looking with drones or something," he said.

Money will be held for Mr Roberts-Smith to pay the newspapers' costs on appeal if his case is unsuccessful, with the parties still deciding on how much should be put aside.

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