A senior SAS officer – Ben Roberts-Smith’s troop commander throughout a vital SAS mission in 2009 – has didn't again his model of occasions of how two males got here to die at an Afghan compound codenamed Whiskey 108, telling the defamation trial he “couldn’t speculate” on the allegation that Roberts-Smith murdered one man and ordered the execution of one other.
Roberts-Smith says the 2 males – one an aged man, the opposite a disabled man with a prosthetic leg – had been official rebel targets, lawfully killed. The three newspapers he's suing say as a part of their defence that the unarmed males surrendered after being found in a tunnel contained in the compound however had been then murdered.
Roberts-Smith, a Victoria Cross winner, is suing the Sydney Morning Herald, the Age and the Canberra Instances over reviews he alleges defame him as a conflict prison and assassin. He denies any wrongdoing. The newspapers are defending their reporting as true.
Beneath cross-examination, the officer anonymised as Individual 81, was requested to answer the newspapers’ allegation that two Afghan males had been murdered by Australian troopers.
Nicholas Owens SC, for the newspapers, requested Individual 81 for “any remark he may make” on the allegation levelled in opposition to troopers beneath his command that day.
“Our case is that the previous man and the person with the prosthetic leg had been discovered within the tunnel, had been Puc’ed [taken into custody] after which had been murdered by a number of of Individual 4, Individual 5, and Mr Roberts-Smith, with out your information or authorisation. Can you say something about that?”
“From my recollection of occasions, I couldn’t speculate,” Individual 81 stated.
Individual 81 instructed the court docket: “I've learn reviews,” however minimize brief his reply, saying: “I’m undecided I can reply that.” He instructed the court docket he had heard the allegations of illegal killings at Whiskey 108 at a “current inquiry”.
Owens put it to Individual 81: “You might be unable to say a method or one other whether or not these males had been Puc’ed on the time of demise?”
“I wouldn’t know,” Individual 81 stated. Puc is an acronym for particular person beneath management, basically a prisoner, who can't be harmed.
Individual 81, who was subpoenaed by Roberts-Smith to testify, was requested in re-examination by Arthur Moses SC, performing for Roberts-Smith: “Did you observe any conduct by Individual 4, Individual 5 or Mr Roberts-Smith that induced you to have suspicion that that they had Puc’ed and murdered anyone?
“No, I didn’t.”
Within the newspapers’ defence paperwork, they allege preserving SAS officers away from the scene of potential crimes throughout missions was a deliberate tactic by troopers, who then gave their superiors misinformation about what occurred.
The defence paperwork allege that in a 2012 coaching train in Australia – subsequent to Whiskey 108 – Roberts-Smith instructed different troopers: “Officers ought to be evaded the compounds till we now have arrange the crime scene and the photographs have been taken. Then as soon as everyone seems to be blissful, that’s when the officers can be introduced in and instructed what occurred.”
Individual 81, a serving senior officer within the SAS and a 25-year veteran of the army, was the ultimate of 40 witnesses referred to as in Roberts-Smith’s year-long defamation trial.
As troop commander he ordered SAS troops to raid and safe a compound often called Whiskey 108 within the village of Kakarak in southern Afghanistan on Easter Sunday 2009.
It's alleged by the newspapers of their defence that two males had been killed after being found hiding in a crude hand-dug tunnel inside Whiskey 108. The newspapers allege an aged man was shot by a “rookie” trooper – Individual 4 – on the orders of Roberts-Smith and his patrol commander – Individual 5 – whereas the opposite man, who had a prosthetic leg, was shot to demise with a machine gun by Roberts-Smith.
Roberts-Smith has denied the allegations as inconceivable, telling the court docket “there have been no males within the tunnel”.
He has beforehand stated he shot and killed the person with a prosthetic leg, whom he found working and armed, exterior the compound. The person was an rebel, lawfully killed inside the legal guidelines of conflict, Roberts-Smith stated.
The aged man, based on Roberts-Smith, was killed exterior the compound by one other Australian soldier, unknown to him, however whom he credit with saving his life.
Individual 81 instructed the court docket he heard no “engagements” – pictures fired on the enemy – throughout the Whiskey 108 raid, and was not instructed of any insurgents being killed. He testified that after the SAS troops stormed and secured Whiskey 108, he entered the compound with different members of the troop headquarters.
He stated he believed he noticed the tunnel that was found by Australian troops, however he wasn’t instructed anyone was discovered inside.
“You might be unable to say a method or one other whether or not there have been individuals within the tunnel, all you'll be able to say is you didn’t see anybody come out?,” Owens requested him in cross-examination.
“That's appropriate.”
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Individual 81’s proof that he heard no engagements, nor was instructed of any rebel deaths whereas at Whiskey 108, immediately contradicts testimony from one other key witness referred to as by Roberts-Smith, his patrol commander Individual 5.
Individual 5 stated throughout a commanders’ rendezvous assembly – often called an “RV” – the place officers and patrol commanders deliberate their subsequent assault, he heard gunshots exterior the compound and ran out to analyze.
Individual 5 instructed the court docket he found Roberts-Smith partaking and killing an rebel, later found to be the person with the prosthetic leg.
Individual 5 stated he requested Roberts-Smith if he was all proper: “He stated ‘yep’. They only engaged two squirters to the north.”
Individual 5 instructed the court docket he requested if the lads had been “KIA” – killed in motion. When that was confirmed, he stated he returned to the troop commander’s assembly.
Moses requested Individual 5: “Whenever you went again to the RV assembly, did you say something to Individual 81 or anyone else?”
Individual 5: “I knowledgeable Individual 81 there have been two KIA on the north-west nook of the compound.”
Individual 81 testified this didn't occur, and he was not instructed of the deaths of the 2 males till after the mission was accomplished.
“Did you see any engagements within the Whiskey 108 compound after the compound was declared cleared?” Moses requested, throughout examination-in-chief.
Individual 81: “No.”
Moses: “Do you recall listening to any engagements when you had been within the compound?”
Individual 81: “No.”
Moses: “Do you recall listening to reviews of any engagements?”
Individual 81: “No.”
The tunnel at Whiskey 108, and whether or not there was anyone found inside, has emerged as a vital level of competition in Roberts-Smith’s sprawling and complicated defamation motion.
Whereas it isn't disputed that a minimum of two Afghan males had been killed by Australian SAS troops throughout their raid on Whiskey 108 on 12 April 2009, at problem is whether or not the lads had been rebel targets legitimately killed, or whether or not they had been prisoners who had been unlawfully killed.
The argument has break up the Australian SAS troops who had been there: Roberts-Smith and 5 different troopers have stated there have been no males within the tunnel. An extra 5 have stated there have been males pulled from the tunnel.
An eleventh soldier, Individual 4, who's alleged within the newspapers’ defence to have shot useless the aged man on Roberts-Smith’s orders, refused to testify on grounds of self-incrimination.
Even members of the identical patrol have given irreconcilable proof. Six members of 1 patrol subpoenaed to offer proof had been break up three-three over whether or not anyone ever got here out of the tunnel.
Individual 81 has concluded his proof. The trial is more likely to hear ultimate submissions subsequent month earlier than Justice Anthony Besanko retires to make his determination, which could possibly be a number of months away.
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