Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/161

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(e) Items of Interest: Substantial cache found with 107, 73 RCL, 7.62, 2.75", AKs, RPD, etc. There were tunnel systems, false walls and cache locations throughout the compound. More detail can be found in the Exploitation Report to be released SEPCOR.

24. MRTF engagement. The INS used spotters to report on CF locations. They were positioned north and south of the engagement area. During the infil for the clearance of W108 and W109 the INS used spotters in the green IOT attempt to detect CF movements.

26. Upon breaching the compound and commencement of clearance INS attempted to squirt, but were engaged.

585 Person 81 cleared the Patrol Debrief for release in 2009 and he agreed that the reference to "2 x squirters were killed" in para 5. f. iv (2) of the document was based on something he was told. Person 81 said that the statement in para 26 would have been based on what he was told and that he had no recollection of such an event or of the conversation reporting such an event. Person 81 said that whatever he was told about the event, he would have endeavoured to record it accurately in the report.

586 The parties agree that the reference to the two squirters in the Patrol Debrief is a reference to EKIA56 and EKIA57. Person 81 said that he did not know this and he proceeded on the basis of what he was told.

587 Person 81's understanding of what was meant by the statement in para 5. f. iv (2) was that "on approach, two people were seen departing the compound and they were engaged".

588 The likely source for the information in the Patrol Debrief is Person 5.

589 There was a dispute between the parties about the meaning of the term, "squirter". The respondents contend that the term means, and only means, a person leaving a compound of interest. The applicant's contention seems to be that a "squirter" is a person moving away from a target area, being an area the SASR is trying to contain and, as a generalisation, a person around a compound. The first part of the applicant's definition is not materially different from the respondents' definition. The second part, based on the evidence of Person 5, is different. I do not accept Person 5's evidence on this point. It is contrary to the other evidence in the case.

590 The applicant gave evidence that as used by SASR operators in Afghanistan, in simple terms, the word "squirter" relates to any person who is trying to leave an area that the SASR is trying


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
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