505 The applicant submitted that contemporaneous sensitive records support the engagements which he described. Those matters are addressed in the closed Court reasons.
506 Person 29 said that he found the tunnel and he communicated that fact to others. He cannot recall whether he did that over the tactical net or he made a verbal call. The only persons he distinctly recalls being present were Person 35 and the applicant. He could not recall the presence of Afghan women. He could recall Afghan women being in the compound, more specifically that they were in the northern half of the compound not far from the tunnel courtyard (see the location marked on exhibit A219). He could not confirm or deny whether they were in a location where there was visibility of the tunnel courtyard. The next thing he recalls is an interpreter or an ANA Partner Force soldier shouting something in Pashtun in the vicinity of the courtyard. He was not directly next to Person 29. His voice seemed to emanate from the walkway between the compound and the courtyard. He marked the position of the walkway on exhibit A219. He maintained a security posture at the tunnel and there was then a discussion as to who should go into the tunnel. It was agreed that Person 35 would do so. Person 35 took off his body armour and his weapon and unholstered his pistol which had a light source on it. He crawled into the tunnel head first and Person 29 had his hand grabbing the back of Person 35's pants where his belt order was as he entered the tunnel. Person 29 had hold of Person 35 for 15 to 20 seconds before he wriggled to let Person 29 know to release him. After about 30 seconds or so, Person 35 communicated to Person 29 that the tunnel was clear. Person 35 then started handing equipment out of the tunnel to Person 29 and he started laying it next to the tunnel entrance. Person 29 recalls what he called the "ubiquitous" yellow palm oil container of water, batteries, wire, documents and chest rig. Person 29 said that no fighting age males came out of the tunnel. Once the tunnel had been cleared and all items removed, Person 29 moved to the Commanders' RV.
507 Person 35 said that at some point during his involvement in the clearance of the compound, a call came over the troop net that a tunnel had been discovered. He cannot recall whose voice it was. He only had to move 15 to 20 metres to be at the tunnel entrance. Person 29 moved into a position where he could cover the entrance into the tunnel. The applicant was present. Person 35 could not recall seeing any members of the Afghan Defence Force and he said that there were no Afghan local nationals present. He did not see anyone emerge from the tunnel. There was a discussion about clearing the tunnel and that Person 29 was in cover. Person 35 did not call out prior to going into the tunnel. Person 35 said that he removed his body armour. He was carrying the breaching charge on his back and it is bulky and so is his armour. The
