was that the applicant threw the man on the ground and immediately shot him in the back. Person 14's evidence was silent on the point. Again, I think the difference is not significant and as the respondents submit, the event was a fast moving event involving a struggling man. The witnesses were viewing the event from different distances and angles. Both Persons 41 and 27 said that they saw the applicant shoot the man in the back.
794 The third difference relates to the number of rounds fired by the applicant from the Minimi. Person 14 said that he saw an extended burst of Minimi fire which he estimated to be 10 to 15 rounds. Person 24 estimated 8 to 10 rounds. Person 41's estimate was 3 to 5 rounds. Person 40 did not say how many rounds were in the burst of Minimi fire that he heard.
795 It is important to bear in mind in this context that the issue is not whether the Minimi was fired or not, but rather the number of rounds fired. Furthermore, there was evidence from Person 5 about counting accurately the number of rounds fired from a Minimi:
And you would agree, wouldn't you, it's very difficult to count precisely how many rounds are fired from the Minimi?---I don't understand the question.
Well, it's very difficult to accurately count how many rounds are fired from a Minimi; correct?---Yes. What – on time, it's a rough estimate because it's maximum rate of fire is rough as well. It's not exact.
Well, it's maximum rate of fire is somewhere between 700 to 1100 rounds a minute; correct?---That's correct.
So it's firing at least, well, 11 rounds a second?---Yes. Somewhere between 9 and 13 a second.
Yes. So you could never be too precise about how many rounds had been fired; correct?---Well, you can. You can fire one round from a Minimi.
Other than one round; correct?---Yes. I was just answering your question.
I accept that. But it's correct, isn't it, that if what you're dealing with is a burst of fire, it will be very difficult to provide anything other than a rough estimate; correct?---The lower – the lower the burst, you can definitely count them. As it – the burst gets longer, then obviously it's harder to count those rounds. Yes.
796 In those circumstances, I do not think that the differences are significant. Nor do I consider it significant that all observed him firing the gun with one hand. As the respondents correctly submit, the cross-examination on those topics was directed to the correct operation of a Minimi in ordinary battle conditions and those standard procedures have no application or no necessary application to an illegal murder.
797 The fourth difference is whether the applicant had a stoppage. Person 24 recalls the applicant having a stoppage, whereas Person 14 did not observe a stoppage. The evidence of Persons 40
