evidence as to the location of the entry point. Person 14 described the entry point about halfway along the western wall as an "alcove area" or "alcove/alley system" and that when he was perpendicular with it, he could see "10 to 15 metres down this — like a half, hallway lane".
352 After Person 14 had taken up a position by the tree, Person 6 came up to him and told him that he was going to clear the entry point. Person 14 marked the entry point and what he described as the force separation point on exhibit R98. He saw the assault teams come to the force separation point. He said he saw them as they pivoted from the force separation point to the entry point.
353 I agree with the respondents' submissions that as the scout of the lead patrol, Person 14 was in a unique position to observe the entry point. Furthermore, Person 14 said that after the assault of W108, the entry point became a thoroughfare and that evidence is, to some extent, supported by Person 5 who entered and exited the compound through the central alleyway throughout the mission. Person 14's evidence is also supported to some extent by the evidence of Person 29 who said that if there was an easy access to the west (referred to as north side of the compound in the transcript) side of the compound, then "we would have gone through it". Person 42 (Person 29's patrol) gave evidence that the entry point to the compound was on the western side, as did Person 18 (Person 5's patrol), although in the case of the latter, a relatively short distance from the point marked by Person 14.
354 The respondents' evidence as to the entry point was not all one way. Person 41 recalls that the patrol of which he was a member (Person 29's patrol) made entry into W108 on the southern side and that his recollection was that it was only his patrol that made entry to the building. He said that he did not have any recollection of other patrols entering from that direction. Person 29 did not see Person 5's patrol enter the compound. Person 42 (Person 29's patrol) could not remember where Person 5's patrol entered the compound. Person 5 said that he did see Person 29's patrol, and Person 38 (Person 29's patrol) said that he could see Person 5's patrol during entry. Person 38 said that he believed that Person 5's patrol were through the door before them and that he, as part of Person 29's patrol, followed after Person 5's patrol.
355 Person 14 was the scout. I accept his evidence as to the entry point (marked on exhibit R98). It was approximately halfway along the western wall of the compound as the cardinal points were understood on the day.
