Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/102

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he could see Mr Roberts-Smith's engagement of the man with the prosthetic leg. You knew that, didn't you?---No, I did not.

You're saying you didn't know in July 2019 that Person 14 said that he could see the location where Mr Roberts-Smith shot the man with the prosthetic leg?---No, I did not.

… Look at paragraph 25 that we looked at before. That whole paragraph is dealing with whether Person 14 could have seen what happened outside Whisky 108, correct?---Yes.

And if you look at paragraph 18, you will see that you said you were advised of allegations that Person 14 had seen the applicant, etcetera, shoot the man outside Whisky 108, correct?---I – I would concede that I was aware of that at that time, yes.

So it's right, isn't it, that you and Mr Roberts-Smith decided together that you had to say something that would mean that Person 14 couldn’t have seen what he said he saw, correct?---No, that is not correct.

And what I want to put to you is that you and Mr Roberts-Smith decided that you would say the entry point was on the opposite side of the compound to try to place Person 6’s patrol in that location, correct?---No, that is not correct.

You were trying to place Person 6's patrol in a location where the compound walls would have inhibited them from seeing what Person 14 said he saw, correct?---No, that is not correct.

And you now agree, don't you, that you didn't see the location of Person 6's patrol on the day of Whisky 108?---I've stated that I wasn’t immediately aware of where Person 6's patrol was.

Do you now – do you – well, sorry, let me ask this question. On the day of Whisky 108, did you see Person 6's patrol located in the cordon somewhere?---Yes.

Where?---Effectively, in line with the southern edge of Whisky 108.

That is false, isn't it?---No. That's not false.

And you know it's false, because you know that Person 14 engaged the insurgent at point E; correct?---That is correct.

And so Person 14 must have had a clear line of sight to that location; correct?---Yes. He must have.

And what I want to put to you is that, in fact, Person 14 was located on the left side edge of that cleared area just to the north of Whisky 108. Do you see the area that I'm indicating?---Yes.

Yes. Do you agree that that is, in fact, where Person 14 was located?---No. I can't agree or disagree, because I don't know exactly where – I did not see Person 14. Didn't see Person 14, and I didn't see Person 14 engage the EKIA in the vicinity of E. So I can't confirm or deny whether he was there.

All right. And is it also correct that you can neither confirm nor deny whether Person 24 was there?---Two seconds, Mr Owens.

Yes?---No. I can't confirm or deny.

339 As to the identification of the dead bodies that he saw, Person 29 gave the following evidence:


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