783 The applicant also submits that Person 24's demeanour is relevant to his credit. He submits that Person 24 was argumentative. They referred to this passage in his evidence concerning Person 5 coming to the patrol room door of Person 6's patrol and referring to blooding the rookie:
Okay. Do you have a recollection of any other member of your patrol being there?---There were other members there, but I – if – if I say, "I think it was this person", or, "I think it was that person", we will go around on the Mr Moses Merry-Go-Round for the next hour.
784 The applicant also submits that Person 24 was prone to making speeches and providing non-responsive answers. In that respect, they referred to closed Court transcript of 14 April 2022 at pp 30 and 33 of which the redacted portions are as follows:
No. Answer my question, Person 24.
Because I wanted to protect the soldier, Mr Moses. I – as I said, I don't agree with how this has all panned out, trial by media. Um, I don't agree with how it's been the agenda that people have started with. I don't agree with BRS being under scrutiny for every kill that has come up in Afghanistan. Um, I – my – my mantra in my head has been, "Protect the solider", all along, and coming to that, it's – you know, it's just way too evil. What he's done to other people, how it's affected their lives, is way too evil to, ah, not, um – yeah. Let – get it all out on the table now, so.
Are you finished?---Yes, I am.
Okay. I'll ask you the question again. ?---Because I wanted to protect the soldier.
…
Why did you say it?---I don't know. I don't recall.
You don't know why you said it?---I don't know.
So why are you now saying to his Honour that you deny that conversation happened If – if – I don't even know where you're going with this. I ---
Don't worry. Just answer the question?---I - I - look, you're turning this into a convoluted, um, confusing conversation. Um, I'm trying to be as honest and frank as possible, your Honour. Um, I - I thought I've answered your questions clearly, Mr Moses.
Are you finished?---Yes.
