by covering him at the top of the tunnel "from what I understand". The applicant did not become aware of what was found in the tunnel at that point. The applicant recalled that there were some local women in the compound. In his closing written submissions, the applicant contends that it was not expressly put to him in cross-examination that there were Afghan women in the courtyard, although precisely what he seeks to make of that is unclear. The applicant left the area of the tunnel to go outside. He went through an exit point in the courtyard on the north-western side of the extension to W108. In cross-examination, the applicant said that he did not have a recollection of who covered Person 35 at the tunnel entrance. He said that there were no men found in the tunnel.
497 Person 5 said that one of two Afghan army soldiers with the troop pointed out the place where the tunnel was discovered. The soldiers present were the applicant and Persons 18, 29 and 35. He referred to the discovery of the tunnel and said that it was followed by a call on the radio to make everybody aware that a tunnel had been found "in case there were any other potential tunnels within that compound". Person 5 said that he made a decision to hold on the tunnel. They were going to continue the assault through the living area. Person 5 said that the troop was not going to open up two avenues of approach and he referred to the possibility of a courier system all the way down to the river. He said that it was important to clear what was in front of one and then take on the next problem. Security was held on the tunnel by Person 35 who kept his weapon trained on the entrance point. The rest of the compound was cleared, including the living areas. That was done by Person 29's patrol. On reaching that area, Person 5 was informed by a member of Person 29's patrol, that is, Person 42, that the area was clear and Person 5 went back to the tunnel with Person 18. Person 5 did not recall seeing any Afghan women in the compound, let alone in the tunnel courtyard. It was at that point that a decision was made by Persons 5 and 29 that Person 35 would go down into the tunnel.
498 No other witness in the case said that there was a delay in clearing the tunnel. It is against the weight of the evidence and I reject Person 5's evidence to this effect. At the same time, I consider that it is speculation to say, as the respondents submit, that Person 5 made this aspect up to reinforce the case that the compound had not been declared secure at the time the tunnel was discovered.
499 Person 5 went on to say that before going down into the tunnel, Person 35 took off his body armour and helmet, took out his pistol and put his long gun down and jumped into the tunnel. After no more than a couple of minutes, Person 35 came back, stuck his head up and said the
