Ben Roberts-Smith machine-gunned an Afghan prisoner to demise as an “exhibition execution”, a comrade has instructed the federal courtroom throughout cross-examination.
“He needed folks to see he was going to kill somebody on the market in entrance of everybody,” the previous SAS soldier, anonymised earlier than courtroom as Particular person 24, testified throughout a combative, and at instances emotional, second day within the witness field.
Roberts-Smith is suing the Age, the Sydney Morning Herald and the Canberra Instances for defamation over studies he alleges painting him as committing struggle crimes, together with homicide.
The newspapers are pleading a defence of fact. Roberts-Smith denies all wrongdoing.
Particular person 24 instructed the courtroom on Monday that he witnessed Roberts-Smith carry an Afghan man – whom he later found had a prosthetic left leg – exterior of a village compound being raided by Australian troops.
“Mr Roberts-Smith walked out of the compound … at this stage he was holding a person in his hand, it appeared he [the man] had come off the bottom, he was being held by his pants or again of the shirt.
“He [Roberts-Smith] marched about 15 metres straight out – he dropped the person on to the bottom – and instantly put a machine-gun burst into his again.”
Particular person 24 stated the machine-gun burst was “eight to 10 rounds” and instructed the courtroom he stated to a comrade standing subsequent to him, “did we simply witness an execution?”.
The compound, codenamed Whiskey 108, was being “cleared” by Australian SAS troops, within the village of Kakarak, in Afghanistan’s southern Uruzgan province, within the late afternoon of 12 April 2009.
Particular person 24 is the third Australian soldier to present comparable – although not an identical – proof they noticed an Australian soldier shoot the person with the prosthetic leg exterior Whiskey 108, and the second witness to establish Roberts-Smith because the soldier allegedly accountable. He instructed the courtroom he noticed the soldier side-on from a distance of 20 metres, and whereas he didn't see his face, he recognized Roberts-Smith by his dimension, gait and “bodily manner”.
Different troopers have given proof they noticed a person with a prosthetic leg, who was found hiding in a secret tunnel contained in the compound, taken into the custody of Australian troops earlier than being “marched off” by Roberts-Smith.
Roberts-Smith doesn't dispute he shot and killed the person with the prosthetic leg however says the person was legitimately engaged in battle.
Roberts-Smith was extensively questioned in regards to the Whiskey 108 mission when he gave proof on this trial final yr: he stated he noticed the person carrying a weapon and operating, and killed him in accordance with troops’ guidelines of engagement.
“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, operating like that along with his shoulders down.”
The useless man’s prosthetic leg was souvenired by one other soldier and brought again to the Australian base in Tarin Kowt and used as a macabre celebratory ingesting vessel on the SAS troops’ unofficial bar, the Fats Women Arms. The courtroom has been proven pictures of troopers ingesting from the leg. Roberts-Smith was not pictured ingesting from the leg and denies doing so.
On Tuesday, Particular person 24, subpoenaed by the newspapers, was cross-examined over the reality of his proof, and his motivation for giving it.
He instructed the courtroom, “I’m compelled right here to inform the reality”, and that he didn’t consider Roberts-Smith was making an attempt to cover his killing of the person with the prosthetic leg.
“I believe it was an exhibition execution,” he instructed the courtroom. “He needed folks to see he was going to kill somebody on the market in entrance of everybody.”
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Particular person 24 has instructed the courtroom he resented being pressured to present proof in opposition to Roberts-Smith.
On Monday he stated he “didn’t agree with the agenda” of a faction inside the SAS that sought to destroy Roberts-Smith’s popularity and adorned service file.
“I nonetheless don’t agree with the actual fact BRS [Roberts-Smith] is right here, underneath excessive duress, for killing dangerous dudes we went there to kill.”
On Tuesday, he broke down as he was repeatedly questioned in regards to the fact of his proof. Arthur Moses SC, performing for Roberts-Smith, repeatedly put it to him he had fabricated his proof and had come to courtroom to “inform a narrative”.
“I'm not telling any lies, your honour,” he instructed the courtroom. “I'm not making this up. I don’t wish to be right here, I’m right here as a result of I used to be subpoenaed.
“I discover it extraordinarily tough to abdomen that having to present proof in opposition to that man within the nook,” referencing Roberts-Smith, who has watched the trial from the identical nook seat day-after-day.
Moses once more put it to Particular person 24 that he was mendacity and had confected his proof earlier than the courtroom.
“You'll be able to put no matter you prefer to me,” Particular person 24 stated. “I’m simply giving my proof, I simply noticed it occur on the bottom.
“I do know it’s your job to discredit me,” he stated to Moses.
The courtroom additionally heard proof in regards to the alleged “blooding” of a brand new soldier within the regiment – anonymised earlier than courtroom as Particular person 4. “‘Blooding’ refers to initiating an individual within the apply of killing, or giving them the style for killing,” the newspapers’ defence states.
The newspapers allege and one other witness has beforehand instructed the courtroom that Particular person 4, then on his first tour, was ordered to summarily execute a captive aged Afghan man at Whiskey 108 on the orders of Roberts-Smith.
Particular person 4 gave proof earlier on this trial, however objected to answering questions on his actions at Whiskey 108 on grounds of self-incrimination. Justice Anthony Besanko didn't compel him to reply.
Particular person 24 stated Particular person 4 was a good friend, and “an amazing individual”.
“And to see how his life has been turned the other way up by the point that he spent within the regiment and the those that he spent it with, I discover heartbreaking.”
Particular person 24 has stated a senior member of the patrol, recognized as Particular person 5, stated earlier than the Whiskey 108 mission that they have been going to “blood the rookie”. Particular person 24 stated he understood that to imply Particular person 4 can be put able the place he would kill anyone.
The trial continues.
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