582 The applicant relies on, inter alia, the contemporaneous reporting as to the circumstances surrounding the deaths of EKIA56 and EKIA57.
583 I refer at this point to the closed Court reasons (at [5]–[6]) for details of entries in the Sametime chat record, including the time at which the compound was declared secure.
584 The Patrol Debrief for Gothic Troop for Operation Harpoon (Phase 1), including the mission to W108, includes the following entries:
5. …
- c. Spotter and squirter engagement: Throughout the day numerous INS were engaged. The INS were identified as either spotters or squirting from known INS locations within the green.
- …
- f. Clearance of W108 & W109:
- i. Infil: A daylight infil was conducted into the green. Due to the high risk and the known threat G TP conducted the infil with two patrols up and one back with two patrols further back for reserve. The infil route pushed toward W125 and then changed direction NE to W108. This gave the Tp an approach that would prevent any friendly fire and also enable MRTF to provide fire support if required. The infl route is shown at figure 3.
- ii. Passage of info from ISR: Scan Eagle was available, but there is no capacity to have direct liaison with the asset and therefore not viable.
- iii. Approach route: There were numerous aqueducts and channels throughout the approach route with good water flow. The rate of movement was approximately 1km/hr. The heavy cloud, rain and good vegetation provided excellent cover and concealment for the approach. This inturn enabled the FE to close with the INS and kill using stealth and precision. Three x INS were KIA on the approach.
- iv. Clearance W108:
- (1) MOE: EMOE used.
- (2) Squirters: 2 x squirters were killed.
- (3) Exploitation:
- (a) EKIA: 9 x EKIA (including 3 x EKIA from JDAM).
- (b) PUCs: Nil.
- (c) FAMs: 1 x FAM.
- (d) LN Protected: Several WaCs.
Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
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