The former elite soldier is suing Nine newspapers for defamation over a series of articles alleging he committed war crimes in Afghanistan and domestic violence – which he denies.

But is also suing his former wife, Emma Roberts, in a separate case.

Mr Roberts-Smith claims Ms Roberts released his private communications to Nine ahead of the defamation trial of the century.

Ms Roberts, in sworn affidavits, denied she had given her friend Danielle Scott access to the email accounts and leaked emails.

But the SAS veteran‘s legal team this week told the Federal Court they had objective proof that was a lie.

“The only person who had access to that (Roberts-Smith) email was an email address associated with Ms Danielle Scott or her husband,” the soldier’s barrister Arthur Moses SC said on Wednesday.

“(Ms Roberts) has been caught out lying on the objective evidence.”

Mr Moses said Telstra and website records showed the email address from the Scotts was used to access the soldier’s email at least 101 times.

That allowed Nine to become “armed” with ”private and confidential” information for their defamation defence, Mr Moses said.

Mr Moses told the court Ms Roberts may now be brought into court for examination.

Ms Roberts’ own lawyer acknowledged there was evidence Ms Scott had accessed the email but said there was no proof Ms Roberts had given Ms Scott access.

Further, her lawyer Jason Murakami told the court that Mr Roberts-Smith had never been able to show what information had been leaked to Nine.

“Never once has (Mr Roberts-Smith) been able to refer the court to the confidential information he says he’s trying to protect,” he said on Wednesday.

The lifelong friendship between Ms Scott and Ms Roberts has been an enduring front in the legal battle after it emerged Ms Roberts would testify against her former husband.

Nine accused Mr Roberts-Smith of burying USBs containing important evidence in the backyard of his matrimonial home and returning to collect them after separating from his wife.

Last month the courts were shown images of what appeared to be freshly disturbed earth in the Roberts-Smith Queensland home.

The court was told Ms Scott and Ms Roberts had dug up the USBs and copied their contents.

Text messages between Ms Scott and Ms Roberts have also been aired in court showing intimate discussions of Roberts-Smith’s relationship with another woman.

The SAS veteran denies it was an affair, insisting he struck up the chaotic relationship with the woman as his marriage quietly disintegrated in 2017.

Nine claims Mr Roberts-Smith pressured his wife to lie about the time they separated to protect his public image.

The defamation trial is expected to resume in November after being delayed because of Sydney’s coronavirus outbreak.