536 The second step in the respondents' analysis involves an analysis of the evidence of the applicant's witnesses relevant to the death of both EKIA56 and EKIA57. On the applicant's account, both those men were killed in close succession outside the north-western corner of the compound in what was effectively a single engagement. It is thus not possible to analyse the applicant's account of the death of one of those men independently of the other.
537 The third and final step in the respondents' analysis is to analyse the accounts of the respondents' witnesses of the death of EKIA57.
538 The respondents' approach provides a convenient framework in which to analyse the circumstances. I bear in mind throughout the analysis that the onus of proof remains from start to finish on the respondents.
539 Each of the respondents' witnesses who were in the tunnel area when it was discovered or shortly thereafter (i.e., Persons 40, 41, 42, 43 and 18) gave an account of what they did immediately after the discovery of the tunnel. None of those respective accounts were challenged by the applicant in cross-examination.
540 Person 40 moved out of the compound to the north-western side and took up a defensive position which he marked on exhibit R137.
541 Person 41 left the tunnel area and went to look at the two rooms in the north-western corner of the compound which he marked on exhibit R92.
542 Person 42 left the courtyard area and continued with the clearance of the compound. He said he remembered clearing down to the south, that is, down the southern side, down closer to the river.
543 Person 43 said that after he had assisted with the detention of the elderly Afghan male who came out of the tunnel, he continued with the Commanders' RV. The decision was made, according to Person 43, that the majority of the call sign was going to move on to W109 and clear that compound.
544 Person 18 gave evidence that after his particular involvement in the clearance of the tunnel, he moved back to where he had finished doing exploitation and recommenced searching that area. The area consisted of rooms on the western side of the compound.
545 I turn now to the evidence of the respondents' witnesses with respect to the alleged murder of EKIA56.
