4. … Three INS were also found KIA inside W0108 as a result of an earlier CAS engagement; however, they could also not be identified or photographed due to the tactical situation.
(Footnotes omitted.)
593 The applicant also relied on Sensitive Documents to support his version of the engagements. They are dealt with in the closed Court reasons (at [9]–[16]).
594 Person 29, upon being shown a video of the bomb being dropped on W108, raised the prospect of another tunnel by reason of the location and shape of the dispersal of dust and debris (exhibit A221) which is on the secure laptop and was shown to Person 29 on 6 May 2022.
595 I turn now to the evidence of the applicant concerning the engagements at W108.
596 On 12 April 2009, G Troop cleared two compounds which had been designated W108 and W109. Prior to the clearance of the compounds, the troop had been out for a number of days conducting a vehicle mounted operation targeting elements of the Taliban using particular equipment. The troop were in the desert when they were told that they were required at W108. The Australian Regular Army had been engaged in a battle with the Taliban in the vicinity of various compounds, including W108 and W109. The applicant's evidence was that the Australian Regular Army had said that it had a problem with W108 or W109 due to the amount of fire that the Army had received from those compounds and G Troop was asked to deal with it.
597 The applicant was 2IC in Person 5's patrol. The troop drove to the VDOP. They were then to approach the compounds on foot. They did not immediately approach. For a time, they adopted sniper positions on top of buildings close to the VDOP. Once they had obtained situational awareness, they walked to W108 in open file. Open file is a formation where one patrol is at the front and two patrols are behind and offset to the left and right. There is a patrol at the back with troop headquarters effectively in the middle of that patrol.
598 The applicant said that they knew that a battle was going on as they could hear the chain guns firing. They are larger guns from the armoured vehicles. Person 5's patrol was offset on the left hand side. Person 6's team was the lead patrol. The applicant said he could recall that Person 6's team had one or two engagements. He saw insurgents on the way through.
599 The route taken by the troop was to walk to Whiskey 116 and then take a hard left turn moving north towards W108.
