Ben Roberts-Smith informed a fellow soldier he had shot an unarmed and captive Afghan teenager within the head with a pistol, and that killing him was “probably the most lovely factor I’ve ever seen”, the previous comrade has informed the federal courtroom.
Requested what had occurred to a younger man “shaking like a leaf” after being taken from a Toyota Hilux discovered with bomb-making tools inside, the witness claimed Roberts-Smith replied: “I shot that cunt within the head. [Person 15] informed me to not kill anybody on the final job. So I pulled out my 9mm, shot the cunt within the facet of the pinnacle, blew his brains out. It was probably the most lovely factor I’ve ever seen.”
Giving proof, the military medic, anonymised in courtroom as Individual 16, recognized the physique of the younger Afghan in a number of footage proven to him in courtroom.
The physique was photographed with an AK-47 rifle. Individual 16 stated the younger man was not carrying any weapons when he was taken captive and handcuffed.
Roberts-Smith, a recipient of Australia’s highest navy honour, the Victoria Cross, is suing the Age, the Sydney Morning Herald and the Canberra Occasions for defamation over a collection of experiences he alleges are defamatory and painting him as committing conflict crimes, together with homicide.
The newspapers are pleading a defence of fact. Roberts-Smith denies all wrongdoing.
The courtroom has heard Individual 16 and Roberts-Smith served collectively on an SAS rotation to Afghanistan in 2012.
In November that 12 months, on the final operation of that rotation, SAS troops had been helicoptered into Fasil, in southern Uruzgan province. Individual 16 gave proof that, manning both facet of a street checkpoint, Individual 16 and one other soldier skilled their weapons on a Toyota Hilux ute that approached and waved it to a cease.
Individual 16 took into custody and handcuffed two of the 4 males contained in the automobile: an older man with a full beard and a youthful man: “I made him out to be late teenagers … not a completely beard, a bit chubby, and shaking in terror.”
“He appeared extraordinarily nervous and trembling uncontrollably.”
Neither man was armed, however, based on Individual 16, the opposite soldier on the checkpoint reported he discovered elements for an improvised explosive gadget contained in the automobile.
Each had been handcuffed and brought to a close-by compound for tactical questioning. Individual 16 handed each prisoners over to Roberts-Smith, he informed the courtroom. He didn't see the 2 males once more.
Individual 16 stated about quarter-hour after handing over the 2 males – described as PUCs, ‘individuals beneath constraint’ – to Roberts-Smith, Roberts-Smith stated over the troops’ radio “two EKIA”. EKIA is an initialism for “enemy killed in motion”.
Within the days after the mission, Individual 16 stated he crossed paths with Roberts-Smith within the lodging strains on the SAS’s Camp Russell inside Australia’s Tarin Kot base.
He informed the courtroom he requested Roberts-Smith: “What occurred to that younger fella who was shaking like a leaf?”
Roberts-Smith allegedly replied: “I shot that cunt within the head. Individual 15 informed me to not kill anybody on the final job. So I pulled out my 9mm, shot the cunt within the facet of the pinnacle, blew his brains out. It was probably the most lovely factor I’ve ever seen.”
Individual 16 stated he couldn't recall what he stated in reply to Roberts-Smith “as a result of I used to be shocked at what he’d stated”.
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He stated he didn't report Roberts-Smith’s actions or feedback to superiors.
“As a result of there was a code of silence inside the regiment with this stuff occurring, a concern of retribution. It could have been a career-ending transfer. I might have been ostracised. I additionally assume that my private security ... I might have been at risk by making such allegations in opposition to some so influential, so I assumed I’d simply finest hold quiet and transfer on with life.”
In courtroom on Friday, Individual 16 was proven footage of a lifeless Afghan male who he recognized as the teenager he had taken into custody and constrained.
The physique was photographed with an AK-47 variant beside it.
Individual 16 was requested: “Did the younger Afghan that you simply detained from the Hilux have an AK-47 variant weapon on him?”
“No.”
In his proof to the courtroom final 12 months, Roberts-Smith was requested in regards to the alleged killing of the Afghan teenager.
He stated the account was “baseless”, that he by no means stated these phrases, and that the occasion couldn't have occurred, as a result of he by no means fired his pistol in fight whereas on deployment in Afghanistan.
“I by no means needed to interact with my pistol,” he informed the courtroom.
Roberts-Smith additionally rejected assertions that he ever engaged within the apply of utilizing “throw-downs”, a bit of compromising tools, akin to a radio or weapon, carried by troopers and positioned on the our bodies of victims as a post-facto justification for his or her killing.
Roberts-Smith has maintained all of his actions in Afghanistan abided with the Australian troops’ guidelines of engagement, and the Geneva Conventions.
The allegation of the homicide of the teenager at Fasil was first claimed within the newspapers defence as occurring on 21 October 2012. Australian Struggle Memorial paperwork present that on that date, Roberts-Smith was main a reconnaissance patrol in Char-Chineh, an motion for which he would obtain a commendation for distinguished service.
The date of the alleged defence has been amended within the newspapers’ defence to five November of the identical 12 months.
In his opening handle to the courtroom, Roberts-Smith’s barrister, Bruce McClintock, stated the allegation was “past ridiculous … it’s insane”.
“It’s the form of factor that may be stated by an ostentatious psychopath … my consumer isn't that.”
McClintock informed the courtroom that after the Hilux was intercepted, adults inside the automobile had been detained, whereas the adolescent was launched.
In courtroom on Friday morning, Individual 16 was requested about Roberts-Smith’s wider fame inside the SAS.
Individual 16 stated he knew of Roberts-Smith earlier than he was posted to the SAS and stated he had a “fame as being a no-nonsense particular person, a reasonably straight, hard-hitting particular person who didn’t undergo fools”.
“He had a formidable fame.”
Individual 16 stated inside the SAS, opinion was divided about Roberts-Smith.
“There have been two camps: these for and people in opposition to. These in opposition to noticed him as somebody who was belligerent, a bully, would trash and tarnish others’ reputations.”
Arthur Moses SC, performing for Roberts-Smith, requested in cross-examination whether or not Individual 16 may confidently establish the physique within the images he’d been proven as the teenager he had taken into custody.
“In time to replicate and ruminate on detaining this younger man, the extra I give it some thought, the extra I’m assured this was the individual that was within the Toyota Hilux.”
Challenged by Moses that the later barrack-room dialog with Roberts-Smith in regards to the alleged homicide was “one thing you've gotten imagined”, Individual 16 was determined in his reply.
“I'm 100% sure past any doubt that that dialog happened. That dialog 100% occurred, and his reply shocked me to the core, and that’s why I remembered it.”
Individual 16 sought, and was granted by the choose, a certificates beneath part 128 of the Proof Act, defending him in opposition to self-incrimination.
He informed the courtroom he had spoken with journalist Nick McKenzie in 2018 about occasions in Afghanistan. McKenzie already knew particulars of the “Hilux job”, Individual 16 stated.
The soldier stated he didn't report the assembly to his defence superiors, regardless of acknowledging he was obliged to by defence guidelines.
The trial, earlier than Justice Anthony Besanko, continues.
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