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AAP
AAP
National
Greta Stonehouse

Nine drops one Roberts-Smith murder claim

Ben Roberts-Smith is suing Nine over articles alleging he committed war crimes in Afghanistan. (AAP)

A lawyer for war hero Ben Roberts-Smith has confirmed Nine's legal team will no longer be pressing some allegations of murder relating to an Afghan man.

One of the Victoria Cross recipient's defamation lawyers, Mark O'Brien, told AAP on Thursday that he had been contacted by the newspaper's representatives.

They would no longer be pressing the allegations that related to the death of an Afghan man on the banks of the Helmand River, Mr O'Brien confirmed.

Mr Roberts-Smith is suing the publishers of the Sydney Morning Herald, The Age and The Canberra Times over articles alleging he committed war crimes in Afghanistan and assaulted a woman in Canberra.

He denies all claims made against him, with an eight-week trial expected to begin in the Federal Court on June 7.

His former wife Emma Roberts is expected to give evidence on behalf of Nine, despite her ex-husband threatening to sue if she spoke to lawyers about it, a judge has been told.

Subpoenas have been issued over transcripts of special forces soldiers' police interviews regarding potential war crimes and information held by the defence department.

Witnesses will include local soldiers and some from overseas.

His barrister in April accused the media conglomerate of abusing the court process by publishing prejudicial material eight weeks ahead of the decorated soldier's defamation trial.

The allegations concern a USB stick containing classified material.

Lawyers acting for the Nine Network have been contacted for comment.

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