maintain their living area quite well, so that doesn’t look well-maintained as a normal living area would be. There is a couple of those oval/circle shapes which – which is normally their cooking areas, which again can be – can be sometimes slightly outside – outside their compounds. So it – it looks like it could be the area where the – the tunnel was found.
568 Person 43 said that the grass or hay shown in the photograph is similar to what was covering the entrance to the tunnel and "kicked over" by Person 35.
569 Person 29 said that one of the items handed to him by Person 35 as he was removing items from the tunnel was "the ubiquitous yellow palm oil container of water". A yellow palm oil container is shown in the photograph of the body of EKIA56. Person 29 went on to say that yellow palm oil containers are everywhere in and around compounds in Afghanistan and that one would find a yellow palm oil container in the vicinity of almost any room in any compound in Afghanistan. Person 29 said that he did not consider that there was anything significant about the yellow palm oil container. The respondents submit that, in fact, the presence of the yellow palm oil container strongly corroborates the location of the photograph of the dead body of EKIA56 as being in the tunnel courtyard.
570 The respondents also rely on the timing of the photographs which comprise exhibit R18. Each photograph bears a time-stamp. There is a three minute time period between the last photograph Person 18 took of EKIA50 and the first photograph he took of EKIA57. There is a four minute time period between the last photograph Person 18 took of EKIA57 and the first photograph he took of EKIA56. There in a one minute time period between the last photograph Person 18 took of EKIA56 and the first photograph he took of the tunnel. The respondents ask the Court to infer from the order in which these photographs were taken and the time period between the last photograph Person 18 took of EKIA56 and the first photograph he took of the tunnel, that the body of EKIA56 was located relatively approximate to the tunnel entrance and not where the applicant says it was located. On the applicant's account of the engagement of EKIA56 and EKIA57 (which I will refer to shortly), the body of EKIA56 would have been between the body of EKIA50 and the body of EKIA57.
571 Before any conclusions are drawn from the location of EKIA56 at the time his body was photographed, consideration must be given to the possibility that the body was moved after the person was shot and before the body was photographed. Person 18 was asked in cross-examination whether bodies were sometimes moved for SSE photographs. He said he did not remember a time "right now" and again, it would be an assumption. There was a possibility that they were moved. During exploitation, the bodies may need to be moved in order to do a
