time the tunnel was discovered and at that point, the only people he can recall seeing were the applicant, Persons 4, 5, 29 and 35; (3) Person 41 left to examine two rooms nearby and he described what he did; (4) Person 41 said that he searched there for a minute or two before hearing a commotion in the courtyard and stepping back into the courtyard and witnessing the execution. He could not remember people other than the applicant, Person 4 and the Afghan male being in the courtyard, although he said that he was fixated on the applicant, Person 4 and the Afghan male; (5) Person 41's account cannot be correct because there would have been insufficient time for two men to be pulled from the tunnel courtyard and for all those who were in the courtyard on the respondents' case, to disperse; (6) the notion that the other people mentioned by the respondents as being in the tunnel courtyard were present and witnessed the execution and said nothing, either at the time or in their evidence to the Court, is a possibility that can be quickly ruled out; and (7) the execution as described by Person 41 did not take place.
556 For their part, the respondents made it clear that they do not contend that Persons 18, 40, 42 and 43 were in the tunnel courtyard at the time when, on their case, EKIA56 was shot. Their case is that those persons had left the tunnel courtyard to undertake the activities they identified. The respondents' case is the reference by Person 41 to a minute or two was a figure of speech for a short time or not a very long time. In my opinion, when all the evidence is considered, that must be the case. Two Afghan men were found in the tunnel. EKIA56, the older Afghan male, was shot in the tunnel courtyard and that is where he fell and his body remained. Person 41 was not using the expression "a minute or two" literally, a conclusion supported not only by the location of the body of EKIA56, but also by his evidence of what he did in those rooms.
557 I turn then to the important question of the location of the body of EKIA56.
The Location of the Body of EKIA56
558 Person 41 marked the location of the body of EKIA56 on exhibit R92. This location is within the tunnel courtyard area. On the applicant's account, by contrast, EKIA56 was shot outside the compound and courtyard area.
559 The evidence of Person 18 is important as to the location of the body of EKIA56. Person 18 was involved in the SSE process at W108. He described how he carried out that process in 2009. He said that he had a white piece of paper that was laminated that allowed him to do a quick sketch map and place down items he had found or events that had occurred. This sketch
