Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/168

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So either Person 18 or Person 4 was my assumption, but I actually don't know.

622 The applicant said that he dragged his insurgent back and that while he was doing that, the other body was back and there was a weapon there. The applicant said that he moved out to clear the body and that he could remember that the other operator was with him. He dragged the body of the insurgent he had shot back behind the wall. The other operator dragged the other body back behind the wall as well. The applicant said that he dragged the body back because he needed to clear it. He said he did not "radio in" the engagement. In 2009, things like that were done by the team commanders. He is sure that the engagements would have been reported because his weapon was loud. He did not have a suppressor. He was sure it had been reported, although he did not recall speaking to his patrol commander or Person 29. He said that once they had had an engagement, people were coming outside to see what had happened. Then he said he could not recall if people came out or not. During his movement to drag the body back, the applicant had his weapon up. The applicant said he went out twice, once to get the body and a second time to take possession of the insurgent's bolt action rifle. The body of the insurgent dragged back by the other operative was to the north of the body of the insurgent engaged by the applicant.

623 In his evidence given on the following day, the applicant sought to correct his evidence insofar as he had said on the previous day that the second operator had dragged back the body he, the second operator, had engaged. He said that he had reflected on his evidence and that his evidence was a mistake. The insurgent's body engaged by the second operative lay where it fell. The applicant said he had no idea why the second operative had not followed the drill of clearing the body. He said that he was dealing with the situation presented to him. He described his mistake in saying that the second operative dragged back the body as a problem with his memory saying in that context that he had had multiple engagements in Afghanistan.

624 The applicant said he did not know whether the second body was ever moved. He participated in the SSE process. He recalled that he was around the location of the bodies at some point. He did not recall whether he saw the body of the second EKIA in a different position to the position it was in when that person was shot. He did not recall if the body was moved. The applicant said that he placed the rifle he retrieved from his insurgent near the entry/exit point he had used to leave the tunnel courtyard and go outside. The applicant did not recall whether the second operative remained outside the compound to guard the entrance. He accepted that it was likely that somebody would remain outside to perform security duties. The applicant


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