evidence concerning events at W108, he gave evidence on other topics and he was cross-examined about those other topics. He was asked about a number of matters including the following. He agreed that he did not consider that the applicant deserved the Victoria Cross and that he had expressed that opinion to a number of people. He agreed that a number of people did not like the applicant and that included Persons 6 and 7, who were friends of his and who had also expressed the view that they did not think the applicant deserved the Victoria Cross. Person 18 agreed that there were a lot of rumours and discussions within the Regiment about whether the applicant deserved the Victoria Cross and there were rumours about what happened at W108 and that a man with a prosthetic leg had been murdered. None of these matters caused me to think he was inventing his evidence because of a dislike of the applicant or that his memory was affected by the rumours. Person 18 agreed that in his amended outline of evidence, he referred to the radio message that a tunnel had been found, but did not mention the reference to a person or persons being pulled out of the tunnel. In the context of all of Person 18's evidence, I do not consider this matter affects his honesty or reliability. Nor do I consider Person 18's honesty or reliability affected by his agreement with the proposition that the first time he mentioned the conversation between the applicant and Person 5 which he overheard dealing with the intelligence surveillance reconnaissance platform flying above was in 2018. This conversation is discussed below.
531 I have considered all of Person 18's evidence. I find that he was an honest and reliable witness and I accept his evidence.
532 I will set out my conclusions with respect to Person 41's evidence after I have addressed his evidence of witnessing the execution of EKIA56 and the execution of EKIA57.
533 With respect to the discovery of the tunnel, the persons who were present when the tunnel was discovered and whether there were men in the tunnel, the respondents seek the following findings:
- (1) Immediately prior to the discovery of the tunnel, the following persons were present in the courtyard, or very nearby:
- (a) a group of commanders who were beginning to assemble for the Commanders' RV, including Persons 81, 80, 43, 5 and 29. The troop interpreter was also present;
- (b) members of Person 5's patrol, who had commenced SSE duties, including the applicant and Person 4;
