that now and that if he was back on the ground he would be able to answer the question straight away. Person 5 said that ScanEagle's camera was not good enough to pick up someone in the green belt. The ScanEagle would be put out onto roads and tracks and things like that where it would be easier for them to pick up movement coming towards the compound. The respondents submit that a concern that the ISR platform may have recorded an execution in a cleared area just outside the compound was consistent with Person 5's understanding of the situation on the ground at W108. None of the evidence given by Person 5 causes me to doubt the evidence of Person 18.
711 Person 18's evidence of the response from the JTAC officer (as recounted by Person 5 and overheard by Person 18) that the ISR platform was not recording and had been pushed off station after the troop made entry and into another area that was a threat area accords with the objective facts. The evidence is that the ScanEagle UAV on 12 April 2009 was on station at 0648D/E and off station at 1230D/E and there was a lack of post-strike images due to the re-tasking of the UAV. The ScanEagle UAV was back on station at 1845D/E.
712 As I will explain, I find that EKIA56 and EKIA57 came out of the tunnel and that EKIA56 was executed by Person 4 at the direction of the applicant. The patrol commander, Person 5, had expressed an intention to "blood" Person 4 before the mission and had said that that had been done after the mission. Person 5 called Person 4 into the compound at or about the time of the execution of EKIA56. He expressed no objection to the fact of the applicant's execution of EKIA57. The proper inference is that Person 5 knew before the execution of EKIA56 that it was to take place and later that it had taken place.
The Respondents' Case as to the Execution of EKIA57
713 I turn now to the accounts of the death of EKIA57 given by the respondents' witnesses. There are four relevant witnesses, two of whom were located around the animal sheds just outside the western wall of the compound (Persons 40 and 41), and two of whom were located in the cordon off the north-western corner of the compound (Persons 14 and 24).
714 Person 41's account of events after he had looked at the body of the man dressed in white or in a very light colour was that he then walked off to the exit on the north-western side of the compound. He marked his path of travel with a dotted line on exhibit R92. He said that he stopped at a point where he was on a foot pad maybe two metres wide running alongside the walls of the compound. He looked to the front and noticed two small buildings just up a slight hill in front of him, not very far. He decided that he would go and search those areas. At that
