Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/170

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previously stated, the applicant said that the insurgent was carrying his gun in what the applicant called an "admin" carry.

629 The applicant was again asked how he had made a mistake about the body of the second insurgent being dragged back. He said that he had corrected his evidence:

… because on reflection last night, I felt that it was just not right. I got it wrong yesterday. I made a mistake.

630 He denied the suggestion that he needed to have the body outside the compound to explain the killing as the engagement of an insurgent. He said that his recollection was that the body dropped where it fell and he does not know what happened in the SSE process. He denied the suggestion that he knew that the body of the elderly Afghan male was never outside the compound. He denied that he knew that the elderly Afghan male was killed inside the courtyard. He agreed that he did not remember who it was that was behind him and shot the elderly Afghan male. He said that somebody had probably told him that they were the person who shot the elderly Afghan male. When he was pressed, the applicant said that he had no recollection at all of anyone ever telling him that they had shot the elderly Afghan male.

631 The applicant agreed in cross-examination that he did not remember the name of the person who, on his account, saved his life. His evidence was as follows:

Yourself and one other unknown soldier; is that what you mean?---Well, clearly, someone else had engaged, so I was being supported.

And there were lots of people in the – well, you don't remember who that was, do you?---No, I don't.

No. This is a person who, on your account, saved your life?---Yes.

And you have no recollection whatsoever of who that person was?---That's correct.

Or of ever having a conversation with them in which you spoke about this engagement?---No, that's not correct.

Are you saying you do have a recollection of talking to this person about the engagement?---I have a recollection of talking to everybody about the engagement on the day, and perhaps someone may have said that. What I'm suggesting is, as you have previously asked me, do I have a recollection of the individual during that engagement who fired? And the answer to that question is no, I don't.

And just to be clear, I'm putting to you that you have no recollection of ever having a conversation with the person who you say shot that second insurgent?---That's correct.

632 The applicant denied that he had invented the story of dragging the body of the man with the prosthetic leg back in order to explain why, on his account, the body was in the positon it was.


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