947 There are other witnesses who have given evidence which is relevant to the events at Darwan on 11 September 2012 and I will address their evidence in the course of these reasons. Each party also relied on documents and some of those documents are Sensitive Documents. They are addressed in the closed Court reasons.
948 As with the mission to W108, some of the witnesses who have given evidence which is relevant to the events at Darwan on 11 September 2012 have also given evidence which is relevant to other missions and acts which are relevant in these proceedings. As I made clear in my reasons dealing with the mission to W108, it is necessary to consider the whole of the evidence of each relevant witness while at the same time recognising that the witness may be correct as to one matter and mistaken as to another, or truthful as to one matter and dishonest as to another.
949 There is no dispute that Person 11 shot an Afghan male in or about a cornfield opposite Afghan compounds in the village of Darwan on 11 September 2012. There is a dispute as to the circumstance in which that man was shot. There is also a dispute as to whether the man who was shot was a man known as Ali Jan.
950 Darwan is in the District of Shahid-E-Hasas in the Province of Uruzgan, Afghanistan. The cornfield and a number of trees abutted what was at that time of the year a dry creek bed. On the other side of the creek bed on an elevated area were a number of Afghan compounds which were part of the village of Darwan. Two compounds approximately opposite the cornfield and on the other side of the dry creek bed were owned or at least occupied, in one case, by Shahzada Fatih and in the other, by Mangul Rahmi. Shahzada Fatih's eldest son is Mohammed Hanifa Fatih. These three men gave evidence at the trial. I will refer to them, when referring to them as a group, as the Afghan witnesses.
951 The compounds were positioned in a line that ran (approximately) in a north to south direction and the farming areas for each compound were on the other side of the dry creek bed. There were photographs of the relevant compounds taken on the day by an overwatch team located some distance to the east of the dry creek bed and looking to the west. Those photographs were shown to a number of witnesses who were asked to identify physical features and mark the place where, on their evidence, various events occurred. As I did with the mission to W108, I annex to these reasons an unmarked copy of two of the photographs for the assistance of the reader (Annexure H). One photograph shows the compounds and the other shows the middle set of compounds. The second photograph also shows numbers assigned by the Coalition Forces to each compound in the middle set.
