347 On the other hand, the applicant's evidence about the images of W108 that he had before he prepared his outline was not particularly satisfactory. His evidence was as follows:
All right. And whether it was those initial images or images of Whisky 108 on the USBs, you had shown them to your lawyers for the purposes of preparing your evidence?---No. I don't recall that.
Well, isn't that what you - - -?---I never had – I didn't have the images of 108 when I did my outline. I'm sure of it. Because we had trouble trying to work it out. That was the whole point. We didn't have images.
Mr Roberts-Smith, go back, please, to tab 17. This is an email that you sent to Person 29 on 3 July about a week before your outline of evidence was due; correct?---2019. Yes.
All right. And you gave evidence before that you and Person 29 and others
- - -?---I'm sorry. I thought you said my outline was in '18. That's what I was talking about.
Right. Your outline was in 2019?---Yes. I got no problem with that.
You had these images and the USBs, at least some of them, with images of Whisky 108 by the time you prepared your outline; correct?---Yes.
348 Furthermore, as I will explain in Section 12 of this Part, I do not accept the distinction the applicant sought to draw between talking about what happened in the video and the route in on the one hand, and not talking about "our evidence" on the other.
349 I have already referred to Person 29's evidence concerning the entry point to W108, the location of Person 6's patrol and the bodies he saw outside the north-western corner and the fact that that evidence was unsatisfactory. I am satisfied that there were discussions between the applicant, Person 5 and Person 29 (and possibly others) about what occurred at W108, including the entry point into the compound, at or about the time at which the outlines of evidence were prepared. Their evidence is contaminated to that extent. I will consider later in these reasons whether it was deliberately fabricated so that, in the case of the applicant's evidence as to the location of Person 6's patrol, it is evidence of a consciousness of guilt.
350 I accept the evidence of Persons 14, 18 and 24 as to the location of Person 6's patrol. I consider Person 14's representation in exhibit R98 is the most likely to be accurate. He, Person 24 and Person 73 were a distance out from the northwest corner of W108 and near what appears to be an open field or cleared area.
351 Although a finding as to the entry point for the assault or clearance patrols to W108 is not essential, I accept the evidence of Person 14 that the entry point was about halfway along the western wall of the compound at a point he marked on exhibit R98. I accept Person 14's
