647 Thirdly, the applicant relies on the evidence of Person 81 as follows:
And in relation to the body of the old man, I want to put to you that the location of that body was inside the courtyard area where the tunnel was. Now, are you able to say one way or another whether that body was in that location?---Not when I was there.
Now – which was close to the time of the patrol commanders' RV, correct?
HIS HONOUR: Sorry, did you answer that?---Sorry, yes. Yes, your Honour.
648 Again, this is part of a key point made by the applicant relying on Person 41's time-line of events.
649 Fourthly, the applicant relies on the evidence of himself, Persons 5 and 35 to the effect that the location of the body of EKIA56 as shown in the Exploitation Report is incorrect.
650 Fifthly, the applicant submits that there are circumstances surrounding the preparation of the Exploitation Report and errors therein which, although they do not relate directly to the location of the body of EKIA56, mean that the document may be unreliable, including what it shows about the location of the body of EKIA56. The circumstances surrounding the preparation of the Exploitation Report are that it was prepared between 2 am and 3 am in the morning and the errors include an error regarding cardinal directions and Person 18's acceptance that there may be other errors in the report.
651 Finally, the applicant makes a series of points about the dangers of relying on a witness' opinion as to the area, the similarities in grass, the presence of a yellow palm oil container and time-stamps on photographs.
652 The applicant submits that the evidence of Persons 42 and 43 as to the location shown in the photograph of the body of EKIA56 and some of the surrounding area (exhibit R6 p 5) should be given no weight.
653 As I have said earlier in these reasons, Person 42 gave evidence that there was nothing specific that indicated to him where exactly the photograph is taken, but that what is shown is consistent with his memory of what the courtyard looked like. He identified the cut grass as similar to the cut grass covering the tunnel and the type of grass kept by Afghan nationals as feed for their animals. He referred to the small man-made structures shown in the photograph which he considered were their cooking areas which can sometimes be outside their compounds. He said that it "looks like it could be the area where the – the tunnel was found". I note for completeness that Person 42 did not give evidence that he saw EKIA56 at any time, much less in the courtyard.
