Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/258

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effectively combined and the applicant described the process as "rolling through those initial compounds down closest to the river" and then working its way up.

1012 The applicant said that he understood his patrol had taken PUCs, although he had no independent recollection of this. The applicant's patrol reached a point that was effectively the end of one compound set before a large gap and the last compound set on the side of the river, that is, the southern compound set. He said that prior to reaching the big gap between the compounds, his patrol had been in a multitude of teams. He did not recall seeing the PUC holding area.

1013 Person 4 recalls that the applicant told his patrol that it was going to help with the assault.

1014 Person 56 said that after completing the task at the Helmand River, the applicant's patrol proceeded into the main village and began searching compounds. He does not recall encountering other patrols at that point. He has a recollection of finding people in the compounds he searched. The applicant's patrol was moving down one side of a creek bed "paralleling the creek bed".

1015 Person 11 said that on the way to the village from the Helmand River, they saw other patrols.

1016 Persons 35 and 16 also gave relevant evidence. Person 35 said after he had finished clearing COI 31, his patrol moved in a northerly direction towards Stark 1 and that he saw the applicant at Stark 1. He had a conversation with him about the engagement at the Helmand River. He noticed that the applicant was "all wet", "soaking". Person 16 said he saw the applicant when, as part of tactical headquarters, he was about two-thirds of the way through the compounds being cleared with a large PUC train and he saw the applicant was drenched from the waist down.

1017 There are a group of compounds in the middle set of compounds which from north to south (the direction in which the assault patrols were proceeding) are numbered 522, 37, 38, 40 and 41 (plus to the side another compound numbered 522) and 43.

1018 By 0906DE, the applicant's patrol had reached compound 40 and had several persons under control. Further relevant events took place at 0911DE and 0922DE. These events are described in the closed Court reasons (at [70]–[72]).

1019 Person 7, whose patrol was the PUC-handling team, said he saw the applicant at compound 43 and he was wet. He did not see the applicant or any member of his patrol after that point.


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
248