area. Person 14 agreed that he was not in a position to deny that Person 29's patrol used the same camouflage paint as that used by Person 5's patrol. Persons 41 and 40 were members of Person 29's patrol. Person 14 said that after he had witnessed this event, he turned to his 2IC who was Person 73 and said "what the hell was that?". He said that Person 73 shrugged his shoulders and nodded his head as in, "and" which Person 14 interpreted as meaning that he did not know. The applicant put to Person 14 that his evidence in relation to the killing of EKIA57 was false. As I have said, he submits that Person 14 is a perjurer and a liar. The respondents submit that the applicant presented no persuasive or coherent theory as to why he would have made up such a lie and nor how it happened that the "lie" was consistent with the accounts of other witnesses, such as Persons 41 and 24.
741 The respondents submit that none of the four topics raised with Person 14 in cross-examination establishes that he was not a witness of credit and his evidence in relation to EKIA57 should not be accepted. Those topics, and the respondents' response in relation to each of them, was as follows.
742 First, the respondents filed an outline of evidence for Person 14 and a number of alleged inconsistencies between his evidence to the Court and statements in that outline were put to him by the applicant. The respondents submit that none of the alleged inconsistencies could fairly be described as material.
743 Person 14 said in his evidence that a black object "which was, like, similar to a human" was thrown to the ground. Paragraph 25 of Person 14's outline of evidence reads as follows:
25. During the SSE, Person 14 remained kneeling outside the compound approximately 15 – 20 metres away from the assault entry point. Person 14 saw movement in his right peripheral vision at the entry point of Whiskey 108. Person 14 observed an Australian soldier throw a dark object from shoulder height onto the ground near the entry to the compound. The Australian soldier then shot the object approximately 10 - 15 times. From the sound of the weapon Person 14 could tell that the weapon was a F89 LSW. An F89 LSW is a light machine gun.
744 Person 14 was cross-examined about the fact that he did not refer in his outline of evidence to the fact that the dark object was similar to a human. Person 14 was cross-examined about his reference to the dark object being thrown from shoulder height and he said in his evidence that the object was thrown from a height of somewhere between the knee and the waist to the ground. The respondents submit that neither of these alleged inconsistencies is material. Other alleged inconsistencies put to Person 14 by the applicant are, according to the respondents,
