A disabled man discovered hiding in a tunnel throughout a raid on an Afghan village compound was led away by Ben Roberts-Smith and one other soldier earlier than he was later discovered useless from gunshot wounds exterior, a serving member of the SAS instructed the federal courtroom.
The testimony pertains to a raid by Australian SAS troops on a compound known as Whiskey 108, within the village of Kakarak in Uruzgan province on 12 April 2009, the positioning of two key allegations made by newspapers of their defence to Roberts-Smith’s defamation declare: that he was concerned within the execution of two unarmed males discovered within the compound.
Roberts-Smith is suing the Age, the Sydney Morning Herald and the Canberra Occasions for defamation over a sequence of studies he alleges painting him as committing warfare crimes, together with homicide.
The newspapers are pleading a defence of fact. Roberts-Smith denies all wrongdoing, together with the newspaper’s claims concerning Whiskey 108.
Subpoenaed by the newspapers to offer proof within the case towards his former comrade, the still-serving SAS soldier, anonymised as Particular person 40 earlier than the courtroom, stated as soon as the Australian troops had “fought-through” the closely bombed compound, they discovered a small tunnel, secreted in a courtyard.
Particular person 40 stated Australian troopers – by means of an interpreter – known as for anyone hiding contained in the tunnel to return out, and two Australian troopers went in. Particular person 40 instructed the courtroom two Afghan males got here out of the tunnel.
“As soon as they got here out, they had been clearly very frightened. One had a particular limp, that’s the particular person with the prosthetic leg.
“Instantly popping out of his tunnel he was lifting his trousers, pointing to the prosthetic leg, anticipating some sympathy from the troops.”
Particular person 40 stated the second man was balding and had a beard.
He stated the boys had been searched, “and from there they had been marched off to a different space, by Ben Roberts-Smith and Particular person 35 [another Australian soldier]”.
“My understanding is that they'd be TQed (tactically questioned), and Ben Roberts-Smith was the lead TQer on the bottom. [TQ is] a fast set of inquiries to get some data and acquire some benefit.”
Particular person 40 stated he anticipated the boys to be taken again to the Australians’ Tarin Kowt base: “That’s the SOP (commonplace working process).”
However, underneath questioning, Particular person 40 instructed the courtroom no prisoners had been taken again to Tarin Kowt from that mission. He stated he believed the boys had been Taliban.
Particular person 40 stated he was later standing guard when he heard a burst of gunfire fired “from about 30 metres away”. He didn't see the pictures fired, however recognised by sound the weapon as an F89 Para Minimi machine gun, which was carried by few Australian troopers.
Leaving Whiskey 108 on the conclusion of the raid, Particular person 40 stated he walked previous the useless physique of the person with the prosthetic leg mendacity exterior the compound.
Proven an image of the slain man in courtroom, Particular person 40 stated he recognised him as the person with the prosthetic leg discovered within the tunnel, and that he had seen the image beforehand, caught to the wall of the SAS’s unofficial Afghan bar on base, the Fats Women’ Arms.
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Thus far on this trial, 4 Australian troopers have instructed the courtroom they noticed two males emerge alive and unarmed from the tunnel at Whiskey 108. A kind of troopers has given proof he put his head and shoulders within the tunnel and noticed the boys in there.
A fifth soldier has given proof he noticed the boys on the tunnel entrance within the custody of Australian troops.
Legal professionals for Roberts-Smith have put it to every of these witnesses that their testimony about folks within the tunnel was false.
One soldier, Particular person 41, instructed the courtroom he later noticed Roberts-Smith “frogmarch” the person with a prosthetic leg exterior the compound, throw him to the bottom and machine-gun him to loss of life. Beneath cross-examination, Particular person 41 conceded he had not reported what he had allegedly seen to his superiors as a result of he “simply needed to maintain quiet about the entire thing”. “I used to be a brand new trooper, on my very journey with the SAS... it’s the unwritten rule – you associate with no matter occurs,” he stated.
One other soldier, Particular person 14, stated he noticed an unidentified Australian soldier carrying a particular weapon, a Minimi machine gun, throw a human-shaped object to the bottom and fireplace a burst of bullets into it. He stated he later noticed Roberts-Smith carrying a Minimi throughout that mission however stated he didn't intend to counsel that Roberts-Smith was concerned within the capturing and that different members of the patrol “doubtlessly” carried Minimis.
Roberts-Smith has constantly denied these variations of occasions, describing them as “utterly false”.
He stated no folks had been taken out of the tunnel within the compound.
“There have been no folks within the tunnel at Whiskey 108,” he instructed the courtroom.
In his proof final yr, he stated he killed the person with a prosthetic leg exterior Whiskey 108 as a result of the person was a authentic goal, armed and working, and was killed in accordance with troops’ guidelines of engagement.
“[He was] not working instantly at me, however approaching an arc,” Roberts-Smith instructed the courtroom. “He had his hand excessive of the weapon, as a result of he was carrying it down subsequent to his physique like that… hunched over, as in, working like that together with his shoulders down.”
Beneath cross-examination on Wednesday, Arthur Moses put it to Particular person 40 that his testimony was incorrect, and that he had invented particulars, such because the presence of an interpreter on the mission.
“There was no interpreter there on that day. What do you say about that?”
“I disagree,” Particular person 40 stated.
“Have you ever at all times had that reminiscence?”
“That’s the reality.”
Moses put it to Particular person 40 he was faraway from his patrol for poor efficiency and situational consciousness. Particular person 40 stated that was incorrect and that he was requested to take duty for coaching Afghan Nationwide Military troopers throughout that deployment.
Particular person 40 stays a serving member of the SAS.
The newspapers allege of their defence that a second man allegedly pulled out of the tunnel at Whiskey 108, an aged man, was executed by one other Australian soldier on Roberts-Smith’s orders.
Roberts-Smith denies being concerned in any execution at Whiskey 108, or any illegal killings throughout his service in Afghanistan, and says there have been no folks within the tunnel and he didn't give an order to execute anyone.
The courtroom has beforehand heard the prosthetic leg of the person killed on the mission was souvenired by one other soldier and brought again to the Australian barracks the place it was used as a celebratory consuming vessel. There isn't any proof Roberts-Smith ever drank from the leg, and he has instructed the courtroom he by no means did.
Particular person 40 stays within the witness field. The trial, earlier than Justice Anthony Besanko, continues.
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