Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/166

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Russian machine-gun, at the time he was engaged. The applicant realised that the insurgent he had shot had a prosthetic leg at some point during the SSE process. He said that he knew that one of the particular Taliban commanders hid homemade explosives in his prosthetic leg. The applicant said that he was not aware of Person 18's location during the engagements, although he still believed Person 18 or Person 4 was one of the people that engaged the elderly Afghan male.

612 The applicant said an information operations pamphlet was placed on dead insurgents which basically said to those that read it that they should contact the allied forces if they see Taliban and that they should not trust the Taliban.

613 The applicant said that when he went down into the tunnel, most of the items had been removed from it. He went down because it was unique, he had not seen a tunnel system in Afghanistan like that before.

614 Person 6 took the prosthetic leg of EKIA57 and it was used as a drinking vessel in the Fat Lady's Arms at Tarin Kowt. The Fat Lady's Arms was a SASR "pub" at Tarin Kowt. People drank from the leg. The applicant himself did not drink from the leg.

615 The applicant said that he dragged the body of the insurgent with the prosthetic leg (EKIA57) back to the approximate point from which he had shot him.

616 ISR refers to information surveillance and reconnaissance and is a reference to an aerial platform which may be a Predator drone or one of the Australian drones known as ScanEagle.

617 In cross-examination, the applicant said that he did not remember which patrols were the cordon patrols on the mission to W108 and W109 other than Person 6's patrol. He did recall that Gothic 5 (Person 5's patrol) and Gothic 2 (Person 29's patrol) were assault patrols. Gothic 4 (Person 6's patrol) was a cordon team. The applicant said that he recalled that there were two engagements after the troop left Whiskey 115 where it had paused to put sniper overwatch up. He was not sure whether the two engagements he recalls occurred before the troop reached Whiskey 116. The applicant recalled that Person 14 was number one scout for Person 6's patrol and that he had an engagement. He could see an EKIA and he was told that that person had been engaged by Person 14.

618 As I have said, the applicant placed the cordon formed by Person 6's patrol in a semi-circular position or arc on the southern side of the compound as the cardinal points were understood on the day. The applicant said that the women and children were encountered fairly close to the


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
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