effect that he had fabricated any part of his evidence, or that there was any particular reason why his evidence would be unreliable and, in those circumstances, the Court would accept it. The respondents' submission that it was not put to Person 42 that he had not fabricated any part of his evidence is not correct and it was put to him at various points that he had made evidence up. However, no plausible motive for him to lie was suggested. Again, as I will explain, in the result Person 42's evidence falls into the same category as Person 40's evidence. He was an honest and reliable witness whose evidence is supported by other witnesses with no interest in the matter and like those witnesses, he gave no indication he was doing anything other than honestly and reliably recounting his recollection.
461 Person 43's patrol was part of a cordon on the south-western aspect. The compound was declared secure and the SSE process was underway. He was called into the compound for a Commanders' RV. The people present were getting ready to have their meeting when Person 43 saw Person 35 discover the tunnel. He ran over to render assistance. He was pointing his weapon down at the entrance to the tunnel. There were other soldiers present. Person 43 was calling for the interpreter so that anybody in the tunnel could be warned to come out. Before the interpreter reached them, he saw someone crawling out of the tunnel. The person was an elderly Afghan male with a beard and dressed in local clothing. Person 43 said that he helped remove the elderly Afghan male from the tunnel along with several other pairs of hands and that they PUC'd the person straight away. Person 43 said that the elderly Afghan male had his hands out in front of him in the universal "I give up" position. Person 43 recalled the elderly Afghan male being placed on the ground head first and searched. Person 43 then went back to his job of decision-making. It was decided that the majority of the call sign was going to move on to W109 and clear that compound before returning.
462 The elderly Afghan male was handcuffed and walked away by people holding his upper body and walking him. After he had been handcuffed and possibly blindfolded, he was handed over to the tactical questioning team which was Person 5's team.
463 It was put to Person 43 by the applicant that his evidence that he was present when an elderly Afghan male emerged from the tunnel was made up and that it was part of a story that he had been spreading as a rumour in relation to what happened at W108. He denied that. He denied that he was one of the persons who had been spreading rumours about W108. It was put to him that he was telling stories. It was put to him that he had deliberately refrained from mentioning the presence of particular persons at W108 other than Person 35 so that his "story"
