764 Person 14's evidence must be scrutinised with care having regard to the matters set out above.
765 Person 24 said that he was carrying a 7.62 Maximi on the mission to W108. He took up a position within two to three metres of Person 14. At no time did he go into the compound. He indicated where he and Person 14 were on exhibit R141 by placing a circle or oval shape on the document. He marked the location of EKIA50 on exhibit R141. He could not remember where the assault teams entered the compound. He saw the applicant walk out of building. He marked the point where he first saw the applicant on exhibit R141. He said:
… Now, can you tell his Honour what you saw Mr Roberts-Smith doing?---Mr Roberts-Smith walked out of the compound of the spot I've indicated. At this stage, he was holding a man in his hand. It appeared that he had come off his feet and he was being held parallel to the ground. He was held by the pants or the back of the shirt. He marched approximately 15 metres directly out from that entrance, dropped the man on the ground and immediately began with a machine gun burst into his back.
Okay. Are you able to indicate either, again, by a circle or a point if you're able where it is that you saw Mr Roberts-Smith machine-gun the person. And if you could put the letter C next to that? And if the officer could show us that, please. Now, Person 24, in relation to the person that you said Mr Roberts-Smith was carrying, was – could you tell if that person was alive or dead?---He was making a noise as he came out of that threshold across the doorway. Like a grunting noise.
Okay. The person that was being - - -?---Correct.
- - - carried. Okay. Now, you then mentioned that Mr Roberts-Smith fired a machine gun burst. Were you able to – are you able to recall either how long the burst was or how many rounds approximately or anything of that kind?---Eight –eight to 10 rounds.
Okay. And what did Mr Roberts-Smith do after he had finished firing those eight to 10 rounds?---He – as soon as he stopped firing, because the machine gun had a stoppage, he immediately turned and started rectifying the stoppage with his - - -
When you say "turned", which way?---Turned back towards the entrance of the building and started walking back towards the way that he came.
Okay?---Rectifying the stoppage whilst he was moving.
Okay. And did you see where he went?---Back inside the compound.
766 At this point, Person 24 said to Person 14, "Did we just witness an execution?". Person 14 responded, but Person 24 could not recall what his response was. Person 24 identified the person shot by the applicant as EKIA57, that is to say, the man with the prosthetic leg.
767 In terms of the applicant's cross-examination, the challenges to Person 24's evidence were based on two principal grounds.
768 The first ground was that Person 24's mental health and the medication he was taking had an effect on his memory such that it is unreliable. Person 24 was discharged from the SASR on
