Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/164

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600 Upon arrival at W108, Person 6's patrol spread out on the south-western side to secure the entry into the compound of Person 5's patrol and Person 29's patrol. A 500-pound bomb had previously been dropped on W108 and, according to the applicant, it had been close to a direct hit. The bomb had done considerable damage to the compound.

601 The applicant said that it was raining on and off and that immediately upon entering W108, it was apparent that it was a Taliban facility because there were a number of rockets and IEDs.

602 Person 5's patrol and Person 29's patrol entered the building. Person 29's patrol started to clear the rooms closest to the entry point. Person 5's patrol provided some assistance, but then moved towards the northern end of the compound. There was another team which entered the building at some point. The applicant was not clearing rooms because he had a Para Minimi machine-gun which was not effective for combat within a room. It is a large weapon and the user does not have as much control over the weapon as he does in the case of a rifle.

603 The applicant recalled that there were a couple of women and possibly a couple of children in the compound. He did not recall seeing any fighting age males in the compound on 12 April 2009, although he said in evidence that he is now aware that there was one such person.

604 The applicant said that there was a sheet hanging over a gap in one of the exterior walls which opened up into what was a courtyard that was at the very end of W108.

605 The applicant said that the courtyard was quite a large area, perhaps 18 by 30 metres and that there were no animals in the courtyard. There was a large pile of grass hay towards the outer wall which he said was not typical. Somebody moved the grass hay and there was a grate on the ground which served as an entrance to a tunnel. Because of his short stature, Person 35 was chosen to go down into the tunnel. Ultimately, the applicant went down into the tunnel, but he did not do that until sometime later.

606 Person 35 was instructed to clear the tunnel. The applicant said that he understood that possibly Person 18 was supporting him by covering him at the top of the tunnel. The other soldiers, including the applicant, were searching the areas. The applicant said that because he had a machine-gun there was no point in him assisting in the clearance of the last couple of rooms. The applicant decided to go outside the compound. He did not at that point in time know what had been found in the tunnel. There was an exit point from the courtyard on the north-western side of the extension to W108 and he walked outside towards the corner of W108. He said that


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