Ben Roberts-Smith shot lifeless an unarmed civilian exterior a compound in Afghanistan – firing his machine-gun into the again of the person mendacity on the bottom – one among his former SAS comrades has advised the federal court docket.
Minutes earlier, the court docket was advised, Roberts-Smith had allegedly ordered a subordinate soldier to execute an aged man.
In a day of extraordinary proof, a still-serving member of the SAS gave proof he noticed the embellished soldier “frog-march” an unarmed captive Afghan man exterior the compound, and throw him to the bottom on his again.
“‘RS’ then reached down and grabbed him by the shoulder and flipped him onto his abdomen. Then I noticed him decrease his machine gun and shoot roughly three to 5 rounds into the again of the Afghan male.”
Roberts-Smith then turned to his comrade and mentioned “are all of us cool?,” the court docket heard.
The SAS soldier, anonymised within the court docket as Individual 41, was a part of a raid on a compound in Uruzgan province generally known as Whiskey 108 on Easter Sunday 2009.
Roberts-Smith is suing the Age, the Sydney Morning Herald and the Canberra Occasions for defamation over a collection of stories he alleges are defamatory and painting him as committingwar crimes, together with homicide. The newspapers are pleading a defence of fact. Roberts Smith denies any wrongdoing.
The alleged murders of two males - one an aged man, the opposite a disabled man with a prosthetic leg - who have been allegedly discovered hiding inside a secret tunnel contained in the compound, are two of the important thing allegations made towards Roberts-Smith as a part of the newspapers’ defence.
Roberts Smith has beforehand given proof describing the allegation that he ordered the killing of the aged man as “utterly false” and saying that different man killed was an rebel carrying a weapon exterior the compound.
Whiskey 108 was a compound within the village of Kakarak, generally known as an rebel stronghold, on the western facet of the Dorafshan River, and close by to an allied ahead working base.
On 12 April 2009, Australian troops have been ‘clearing’ the compound, checking for insurgents, weapons, and bomb-making supplies.
Individual 41 gave proof he was exterior a walled compound when, he mentioned, he noticed Roberts-Smith “frog-marching” an Afghan man away from the compound entrance.
“He [Roberts-Smith] had his machine gun in his proper arm, holding it up, and form of frog-marching the Afghan by the scruff of the neck along with his left arm.
“I turned to face ‘RS’ to see what was taking place. He then proceeded to throw the Afghan male down onto the bottom. The Afghan male landed on his again. ‘RS’ then reached down and grabbed him by the shoulder and flipped him onto his abdomen. Then I noticed him decrease his machine gun and shoot roughly three to 5 rounds into the again of the Afghan male.”
“After he’d executed that, he seemed up and noticed me standing there, and checked out me and mentioned ‘are all of us cool, we good?’ And I simply replied, ‘yeah mate, no worries’.”
Individual 41 mentioned he didn't stroll in direction of the person’s physique to look at it after the person had been shot. He didn't touch upon whether or not the physique had a prosthetic leg.
Individual 41 advised the court docket that, earlier within the raid, he noticed and heard Roberts-Smith order a subordinate soldier to execute an aged man allegedly discovered inside a tunnel within the compound.
He was investigating a room within the compound the place he had found bomb-making supplies and opium when he emerged right into a courtyard to see Roberts-Smith and one other soldier, generally known as Individual 4, standing above a kneeling aged Afghan male, close to the doorway to a tunnel.
Individual 41 mentioned: “RS [Roberts-Smith] walked down and grabbed the Afghan male by the scruff of his shirt.”
He mentioned Roberts-Smith walked the person about two metres till he was in entrance of Individual 4, “then kicked him at the back of the legs behind the knees till he was kneeling down … RS pointed to the Afghan and mentioned to Individual 4 ‘shoot him’.”
Individual 41 mentioned he didn't need to witness what he realised was about to happen, and stepped again into the room the place he had beforehand been. He mentioned he heard a muffled spherical fired from an M4 rifle – “I’ve fired hundreds of these rounds and I do know what they sound like”. He waited one other “15 or so seconds” earlier than stepping again into the courtyard.
He mentioned Roberts-Smith was not within the courtyard, however Individual 4 was standing above the Afghan male, who was lifeless from a single bullet wound to the top.
He inspected the physique. “There was various blood flowing from the top wound.”
The 2 Australian troopers didn't converse.
“He gave the impression to be in a little bit of shock to me.”
The court docket heard Individual 41 had suffered nervousness over being subpoenaed on this case and he was queried by attorneys for Roberts-Smith over who he had spoken to about what he had seen in Afghanistan.
Attorneys for Roberts-Smith additionally drew consideration to alleged contradictions within the newspapers’ case. Within the newspapers’ defence, it's alleged the aged Afghan was executed on the orders of a special soldier, generally known as Individual 5, and that Roberts-Smith was solely a bystander who did nothing to intervene.
Individual 41 was additionally queried about antipathy in direction of Roberts-Smith throughout the SAS. He agreed there have been “haters” throughout the regiment, jealous of his decorations.
Earlier than giving his proof, Individual 41 sought, and was granted by the decide, a certificates underneath part 128 of the Proof Act, defending him towards self-incrimination.
Individual 4 is scheduled to offer proof, on behalf of the newspapers, later within the trial.
Roberts-Smith’s defamation trial recommenced on Wednesday within the federal court docket after one other months-long delay brought on by Covid restrictions and lockdown.
Throughout earlier proof earlier than the court docket, Roberts-Smith was questioned over the alleged homicide of the aged man contained in the compound. He mentioned he by no means ordered the person shot and allegations he had have been “utterly false”.
The occasions of Easter Sunday 2009, in Whiskey 108, in a village generally known as Kakarak in Uruzgan province, have emerged as central to the allegations made towards Roberts-Smith, a Victoria Cross winner, and one among Australia’s most embellished troopers.
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The newspapers have additionally alleged that in the identical raid on Whiskey 108, Roberts-Smith dragged the detained Afghan man – who had a prosthetic leg – exterior the compound, threw him to the bottom, and shot him with a machine-gun “10 to fifteen instances”.
Roberts-Smith says he killed the person with the prosthetic leg, however that he was an rebel, operating exterior the compound, and carrying a weapon. Roberts-Smith insists the person was a legit goal, a risk to troopers’ security, and was killed throughout the legal guidelines of warfare.
The prosthetic leg was later souvenired by one other soldier and used as a consuming vessel on the Australian troopers’ unofficial bar on base, the Fats Women’ Arms.
Roberts-Smith mentioned he by no means drank from the leg, although conceded in court docket he “contributed to and inspired a tradition the place it was acceptable to drink from the leg”. He has been photographed alongside troopers who have been consuming from the leg.
The trial, earlier than Justice Anthony Besanko, continues.
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