In a moment that could only be described as peak Australian jurisprudence, the indecent assault trial of former 2GB broadcaster Alan Jones was paused on Tuesday so the 85-year-old defendant - and noted horse racing enthusiast - could watch the Melbourne Cup. Because nothing says "serious legal proceedings" quite like a mid-afternoon recess for a horse race.

Defence barrister Gabrielle Bashir SC asked judge Glenn Walsh if the court could break just before 3pm for the race, as Jones sat laughing loudly in the front row of the public gallery. Walsh smiled and said he knew there was "a particular race" the defendant would be interested in, agreeing to adjourn from 2.50pm until 3.10pm. The court commonly breaks mid-afternoon to give witnesses a short break, so really, this was just a scheduled pause with a side of galloping.

The pause came during the evidence of Sydney Morning Herald chief investigative reporter Kate McClymont, who was in the witness box all day answering questions about her years-long investigation of Jones, published in 2023. Under cross-examination, McClymont agreed she used the expression "go the grope" in her interview with complainant C, but said the alleged victim had repeated the phrase. "You're not looking for sexy phrases to put in a story, you're having a conversation with someone," she said, presumably while resisting the urge to add "obviously."

McClymont told the court that readership and advertising metrics were of no relevance to her as a journalist, after being asked if "special investigations under your name sell newspapers." Bashir took the witness to call logs and emails between McClymont and colleagues including columnist Peter FitzSimons and reporter Jennifer Duke dating back to 2017. After speaking to a man who made allegations about Jones - known as complainant C - McClymont wrote: "We have another one."

In her opening statement, Bashir said McClymont and FitzSimons were "looking for a story" and their reporting was fuelled by hatred and jealousy of Jones's 2GB radio rival Ray Hadley. McClymont said FitzSimons had been working on a story about allegations against Jones since October 2017, describing it as a "long-running matter." Earlier, McClymont said the three alleged victims she interviewed received no benefit from her or the media company for telling their stories.

McClymont, whose articles led to other alleged victims coming forward, is giving evidence in the lengthy trial of the former broadcaster, who faces 21 charges of indecent assault and sexual touching against five men. Several men detailed claims of indecent assault against Jones in McClymont's articles, including that he groped or inappropriately touched them without their consent. Police say they formed Strike Force Bonnefin after McClymont's reporting in the Herald and the Age resulted in alleged victims coming forward.

At the Downing Centre local court on Tuesday, Jones was supported by men's rights activist Bettina Arndt and defamation lawyer Paul Svilans from Mark O'Brien Legal. McClymont, who has won 10 Walkley awards for excellence in journalism, was supported by SMH editor Jordan Baker and deputy editor Nick Ralston.

McClymont told the court she always sought comment from Jones and his legal team before publication via text and email. She agreed with prosecutor Georgina Wright that she spoke to three alleged victims but kept their stories confidential from each other. The court heard McClymont did not initially share her interview notes or recordings with police because they were confidential or not available, but received a subpoena for the material in 2026 - a date that, yes, is in the future, because the legal system moves at its own pace.

The strike force was formed after the December 2023 publication of McClymont's years-long investigation. Jones's long radio career came to an abrupt end in 2020 after a series of on-air incidents led to the radio station losing advertisers and haemorrhaging revenue. When he was arrested by New South Wales police after a "long, thorough, protracted" investigation at his city apartment in late 2024, he had been retired from his $4m-a-year breakfast radio show on 2GB for four years. But hey, at least he got to watch the race.