Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/183

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cross-examination that in 2009, it was standard operating procedure to carry a suppressor with an M4 rifle and that a suppressor was part of the weapon system. SASR operators were taught to carry a suppressor with them if it is not attached to the rifle. The evidence of Persons 40 and 43 was to similar effect.

693 Person 5 gave the following evidence about the use of suppressors in cross-examination:

Now, by saying that it was SOP to carry a suppressor, you agree, don't you that it wasn't SOP for the members of your patrol to actually have their suppressor fitted to their weapons at all times?---No, that's correct, and there was a reason for that.

Yes, what was the reason?---So the reason was suppressors were used at night to, you know, hide your position. When we owned the night, we had NVGs on. They were used in unison. We found during the day when we got in contact with the enemy, when our weapons were firing like cap guns, it didn't really get us the – the advantage in winning the battle because they thought they were winning it because the most noise was coming from their side. So the decision was made by some of the TLs that during the day, we would remove them, so after initial contact, the weight of fire went down. Could essentially, you know, scare the enemy into defeat before we even got any of them. That was the reason for that.

(See closed Court exhibit R130.)

694 Person 18 said that back in 2009, it was the standard operating procedure of 2 Squadron not to have suppressors on all the time. They were still using the basis of reconnaissance whereby the suppressor was left off during the day and was only attached to the weapon at night. Person 18 said that the effect that this had was that if and when they were in contact, the sound of the weapon systems would assist in regaining initiative during a contact.

695 Person 5 was cross-examined about a SASR operator's ability to retrieve his suppressor. He said the following:

And if the suppressor was in his pack, in order to fit it, do you agree that the steps that he would have been required to take would first to be to put his M4 down, correct?---I guess so.

Yes. He would have to take his pack off and open it?---Yes.

He would have to find the suppressor in his pack?---Well, I don't know if he would have to find it. I would hope he would know where it was.

Well, he would have to locate it in his pack?---Yes.

Yes. He would have to close the pack?---Yes.

He would have to put the pack back on his back?---Yes.

He would have to pick up his rifle?---Yes.

And the fit the suppressor to the end?---Yes.


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