Person 18 said that the last elements of the troop probably left W108 as he was approaching W109. He said the following:
… It's not everyone just going and walking out together; it's a – it's a slow, methodical manoeuvre to get everyone out.
804 Person 18, who was a member of Person 5's patrol, thought that his patrol was the only patrol that remained in W108.
805 Person 43 said that it was decided at the Commanders' RV that the majority of the call sign was going to move on to W109 and clear that compound before returning. He said that he went on to W109 and that they came back via W108 to pick up the teams that had been left behind and then continued on to the vehicles. Person 43 said that his recollection was not clear, but one or possibly two teams may have been left at W108. Later in his cross-examination, Person 43 said that his team was to assault W109, but he could not recall which other teams were to do so.
806 The evidence does not clearly establish which members of the troop were involved in the initial clearance of W109. Person 29 said that his patrol was given the task of clearing W109. He said that his patrol was authorised to conduct a dynamic breach of W109 in order to maintain initiative of their assault through the compounds. He gave his patrol a quick set of verbal orders. Person 38 prepared his specific equipment so that a dynamic breach of W109 could be conducted. Person 29 said that the full complement of his patrol was part of this mission and, in addition, there was a member of the ANA Partner Force or the interpreter for communicating if they came across persons in W109. There may have been SASR operators in addition to Person 29's patrol involved in the clearance of W109. Person 5 said that his patrol undertook the task of assaulting W109 save and except for Person 52 who was still on the roof. He said that Person 29's patrol was going to take the lead because he had a full complement and his patrol was going to assist them in the assault of W109.
807 Person 42, who was a member of Person 29's patrol, said that he was involved in the assault on that compound. He thought that explosives had been used in relation to that assault. He is unsure whether it was just Person 29's patrol or a "collective of people" which was sent to clear W109.
808 The Sametime chat for the mission to W108 on 12 April 2009 is closed Court exhibit A10 Tab 12. That indicates various matters in relation to the clearing of W109 and the times at which those matters occurred. I refer to the closed Court reasons (at [5]–[6]).
