Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/177

This page has been proofread, but needs to be validated.

the squadron's office with the operations staff there. We would then all go around the room and explain what our part of that mission was on the – on the actual job and the operations officer would record that. Typically record it with a – you know, a notebook and pen. And then they would write the after action report, which can come in many forms. We had – a lot of duplication was done because you need certain reports to be sent to coalition partners, which may contain more or less information due to, you know, our secrets. And then there had to be reports done for headquarters itself.

… In 2009, the troop commanders were still writing the after action reports, if you like. But you're also talking about an issue around terminology, your Honour. So an after action report is what we call it now, whereas there may have been – back then, it could be simply termed a patrol report. It could have been termed a debrief ---

… because some things – I mean, 2006, people would literally get a Toughbook laptop out and they would type it up on a laptop and send the Word document to the headquarters and that was the after action report. And now we have a templated system. In 2009, it was definitely the troop commanders that were – the troop commander that would write the reports because we were still in vehicles for the moment.

667 The applicant also referred to the evidence of Person 5. Person 5 gave evidence of a troop debrief after the Tizak mission which was in 2010 involving the troop commander, the troop sergeant and the patrol commanders. Person 5 said:

So it's pretty much a set standard, a debrief; you go through the whole process from prelims to launch to orders to the execution, the exfil and then the post-assault, as I said. He generally starts it off and opens it up to the floor and then all the team leaders give their – their version of – or the lessons learnt that they want to add to that document or their version of events.

668 A number of witnesses were asked about whether there was a troop debrief after the W108 mission. Person 5 said that there was a troop debrief after the mission. Person 29 could not recall whether there was or not, but expressed the opinion that it would have been something that would have occurred. Person 42 believed that there would have been a troop debrief on return to Tarin Kowt, although he did not have an independent recollection of it. Person 24 said that he could recall a Patrol Debrief in relation to W108. He said that all of Person 6's patrol would have been there. That was "the SOP post a mission". It was not always clear in the evidence what the witnesses meant by a "Troop Debrief". It seems that the usual procedure was that there was a Patrol Debrief involving the patrol commander and members of his patrol and then the patrol commanders met with each other and the troop commander and troop sergeant.

669 Person 81 agreed that in 2009, he relied on his patrol commanders to provide information to him concerning EKIAs that their patrols had had and to tell him the circumstances. He relied on them to give an honest and accurate report in relation to any EKIAs that they had had. He agreed that whatever it was that he came to learn of the circumstances of any EKIAs at W108,


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
167