343 The applicant filed and served his outlines of evidence in reply (i.e., dealing with matters relevant to the pleas of substantial truth and contextual truth) on 12 July 2019. The respondents' outlines of evidence with respect to those pleas had been filed and served six weeks prior to that date on 31 May 2019 and they included an outline of the evidence to be given by Person 14.
344 On 29 June 2019, the applicant sent an email to Person 29. That involved a link to "108.avi" in the applicant's Dropbox. The applicant said that his recollection is the attachment was footage of the bomb hitting W108. He said that he obtained that footage from one of the USBs he had been sent in the mail. The applicant agreed that it was most likely he communicated with Person 29 about it. He agreed that to some degree, he was sending the video to Person 29 and communicating with him for the purpose of working out what had happened at W108. He said that, in addition, they were looking at what happened at the compound. They talked about what happened in the video and about the "route" in. The applicant said that he did not recall exactly what they talked about, but "we were not talking about our evidence". Person 29 said that he could only surmise the applicant's reasons for sending him the video. It may have been to refresh his memory, although he was not sure. He said in that context that there was a whole lot of doubt and misunderstanding about where W108 was and the nature of the mission on W108.
345 On 3 July 2019, the applicant sent Person 29 an email entitled "W108 copy.pptx". The email attached an aerial photograph of W108. The photograph was marked up by the applicant. The relevant metadata indicates that Person 5 was the author of the document. The markings on the document indicate a purported entry point, a breach point, field walls, the tunnel entrance and the location of a "Dead Insurgent". This document was sent to Person 29 nine days before the applicant's outlines of evidence were due to be filed. The entry point shown is at the southern end of the compound and in a position consistent with the evidence of the applicant and Persons 5 and 29 at the trial.
346 Ms Emma Roberts gave evidence that Person 29 stayed at the home of the applicant and herself in July 2019 and she could recall the applicant and Person 29 in the office within the home looking at documents on the applicant's laptop. She said that she could recall the image of an aerial shot of a white building "and they were describing what was going on around the building". As I will explain, I accept Ms Roberts' evidence.
