Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/205

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was the result of being coached by Person 14. It was suggested that he was in the witness box to support Person 14. In response, Person 24 said that he was in Court to support Person 4.

773 The closed Court reasons deal extensively with the respective submissions of the parties as to the approach the Court should take to the evidence of Person 24 (at [46]–[66]).

774 Person 24 denied that he was making up his evidence. He said that he was as uncomfortable as any other person has been "coming through here". He said he did not want to be in the witness box and that he was there because he had been subpoenaed. He said he found it extremely difficult to stomach having to give evidence "against the man in the corner" (referring to the applicant).

775 Person 24 attended the launch of Mr Masters' book "No Front Line" in or around October 2017 in Sydney. He said that to him it was more about catching up with friends than attending the media launch. He did not agree with "the guys" going to the media at all. In his opinion, it is extremely unfair the way the matter had "panned out" for the applicant. Person 24 said that he did not want to speak to the media and he did not agree with "how this started". He said that he had severed friendships over it. He said that he had severed his friendship with Person 6 and he explained his reasons as follows:

I didn't agree with the agenda that he was pushing and he was pushing it really hard. And I – I still don't agree with the fact that BRS is here and he's under an extreme amount of duress for killing bad dudes who we went over there to kill.

776 Person 24 said that he had no flashbacks as to events at W108 and went on to say that he had no qualms whatsoever with what happened to the people on the ground at W108.

777 Person 24 said that he was here to support his mates who were adversely affected through "blooding". He said that he was here to support Person 4. The respondents submit that it is apparent that Person 24 was giving evidence in relation to the killing of EKIA57 most reluctantly. That was a killing in which Person 4 was not involved. His "support" for Person 4 thus involved no more than telling the truth.

778 The respondents submit that the suggestion that Person 24 was giving evidence merely to backup Person 14 should be rejected in light of the fact that there are differences in their evidence which are consistent with honest differences of recollection and difficult to reconcile with a dishonest attempt to give corroborative evidence. The respondents submit that, in any event, Person 24's evidence is not just consistent with the evidence of Person 14. His evidence


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