found in the compound (EKIA56). Person 18 said that the notation "NW corn tunnel" on the evidence bag placed on the chest of EKIA56 signified that "it was the northwest corner in the vicinity of the tunnel".
562 Person 18 said that he believes he took most of the remaining photographs in exhibit R18, although he may have passed off the camera at some stage. He did not remember taking photographs 30 to 33 inclusive and he did not take photograph 34 because he is shown in that photograph. He said that the photograph shows the low wall just outside the northern doorway and the body of EKIA50. Person 18 did not recall whether he took photographs 35 and 36.
563 Person 18's evidence with respect to these matters was not the subject of a direct challenge. Person 5 said that the reason he chose Person 18 to be a member of his patrol in 2009 was because Person 18 was good at his job.
564 The respondents submit that given the unchallenged evidence of Person 18 that the body of EKIA56 was photographed during the SSE process just near the tunnel entrance, the overwhelming inference is that that was the location where the man was both shot and later photographed.
565 The location of EKIA50 and EKIA57 was recorded on the SSE evidence bags for those bodies as "NW corner" and the location of EKIA56 was recorded on the SSE evidence bag for that body as "NW corn tunnel". This is evidence that the body of EKIA56 was found in a different area from the other bodies, being the courtyard in which the tunnel was found. Further support for this conclusion is another ADF document being the Exploitation Management Data Card, Op Harpoon – COI W0108, previously referred to (exhibit R17) which describes the location of EKIA56 as follows:
NE Corner W108. In courtyard containing tunnel complex. Photographed on target.
566 The respondents also rely on some other matters to support the conclusion that the body of EKIA56 was found in the tunnel courtyard.
567 Person 42 gave evidence that the area shown in the photograph of the body of EKIA56 was consistent with his memory of what the courtyard in which the tunnel was found looked like. The features he referred to included the fact that the grass which was part of the matting that covered the tunnel was consistent with what Afghan locals would have as feed in the areas in which they kept their animals. Person 42 said:
… I think I said at the start my experience is whilst Afghans live in mud huts, they
