Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/260

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1024 Person 4 said that the applicant's patrol moved over the large gap between the compounds in the middle and the southern set of compounds and at that point, the patrol consisted of the applicant, himself and Persons 11, 56 and 47. Person 4 does not have a recollection of an interpreter being present at that point in time. At the beginning of the southern set of compounds, the applicant's patrol deconflicted with another patrol. Person 4 said that that meant they ascertained the limit of exploitation of that patrol and then continued on with their assault. The limit of exploitation of the other patrol was about a third of the way along (i.e., moving from north to south) the southern set of compounds. The applicant's patrol then moved south clearing compounds until it reached and cleared the southernmost compound (i.e., Mangul Rahmi's compound).

1025 Person 56 said that he was with the applicant's patrol down to the clearance of the last compound to the south which was the limit of exploitation. When he left the rest of the patrol, he did so on the order of the applicant or Person 4 and he took the interpreter with him.

1026 Person 11 said that the interpreter did not remain with the applicant's patrol to the end of the clearance of the compounds. The interpreter left the patrol before it had reached the limit of its exploitation to the south. The limit of exploitation was in or around the southernmost compound, being Mangul Rahmi's compound. Person 11's understanding was that the interpreter was required in a different location. He was escorted back by Person 56. The order to Person 56 was given by the applicant. Person 11 did not have a precise recollection of when Person 56 and the interpreter left, but it was in the vicinity of the southern set of compounds. Later, he marked the "vicinity" in which the interpreter left about a third to halfway down (moving from north to south) the southern set of compounds.

'Clearing the Compounds in the Southern Set of Compounds including Shahzada Fatih's Compound'

1027 The applicant said that his patrol started to clear the last set of compounds. There was nothing significant in the last set of compounds. The other patrols continued to clear with the applicant's patrol to a point approximately two-thirds of the way along the last set of compounds. The compounds were empty. There was no activity within the set of compounds. The other soldiers started to head back to join up with their patrols and the applicant and Persons 4 and 11 "ended up right at the very end of that compound set once it was cleared, effectively waiting for extraction to take place".


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
250