Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/251

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981 Person 7, whose evidence on these matters I accept, said that the helicopter he was on which included the applicant's patrol (this was the evidence of both Person 7 and other witnesses) landed at a location i.e., Helicopter Landing Zone (HLZ) designated as "Stream 2" which was some distance to the northwest of the respective compounds of Shahzada Fatih and Mangul Rahmi. This landing location was not far from a particular compound of interest (COI 31). Two other helicopters landed in the vicinity of "Stark 5", "System 5" or "Stark 7". These HLZs seem to be reasonably close to COI 31. The overwatch team comprising Troop Alpha (i.e., the headquarters element) landed in a position designated as "Bottle 3". The respondents are correct in asserting that by reference to the scale on the map, exhibit R1, the overwatch team was no more than approximately 450 metres from the compounds of Mangul Rahmi and Shahzada Fatih respectively.

The Activities of the Afghan Witnesses before and at the time of the Insertion of the Task Force

982 On the morning of 11 September 2012, Mohammed Hanifa started the day by doing his prayers. He said that he heard vehicles honking. He opened his door and he saw helicopters with lights flashing. He said that he saw two helicopters with four others following those two helicopters. This evidence contains a significant detail, namely, the number of helicopters on each turn. The helicopters passed by their houses and then three of them landed when they got to Mohammed Gul's house. The other stayed in the air before returning to a location near his cousin's house.

983 Mohammed Hanifa went towards the house and he saw Mangul Rahmi coming towards him. He said to Mangul Rahmi that there was a raid. He went to the house. Mangul Rahmi went back to his house.

984 On the morning of 11 September 2012, Mangul Rahmi, after his morning ablution, went to the mosque and prayed. He then went to irrigate some land that he was leasing. At that point, helicopters landed and so he went back to his house. He said that he had heard on the radio that when there is a raid and foreigners arrive, people should not leave their houses. On arriving at his house, Mohammed Hanifa said to him "This is a raid". Mangul Rahmi said to Mohammed Hanifa that he should just go home. He went to his house and Mohammed Hanifa called him and they went to the guesthouse. They went to the front of the guesthouse and sat there.


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
241