897 I accept Person 7's evidence as to the circumstances of the exercise as set out above. I also accept his evidence (and that of Persons 19 and 10) that the exercise involved a live fire exercise, a dog serial and a mock assault and the clearance of a makeshift Afghan compound under live fire conditions. I accept the evidence of Person 7 (and Person 31) that there was a Conex or shipping container at the training base with partitions on the eastern side of it to give the effect of a compound, and there were steel-head targets within the training area used for the live fire part of the exercise.
898 The various patrols were assigned different tasks as part of the exercise. The applicant's patrol was the assault team charged with the clearance of the compound. Person 31's patrol formed a cordon outside the compound. Person 7's patrol was the roof team.
899 Person 9 was playing the role of a non-combatant and wearing a bite suit as he was to be the subject of a dog attack. The live fire part of the exercise was completed and Person 9 was subdued by the dog and detained by the applicant's patrol. He was brought inside the partitions and the PUC process began.
900 Person 7 had placed himself on top of the Conex or shipping container, but kept his patrol out to the west as there was no need for them to be on the Conex or shipping container because it was a quick exercise. Person 31 was also on top of the Conex or shipping container.
901 The applicant and Persons 10, 11 and 19 were present in the compound.
902 Person 10 gave evidence in these proceedings not only in relation to this incident at Lancelin, but also in relation to the events on a mission to the Chora Village on 15 July 2012. There was a substantial challenge to Person 10's honesty and reliability in that context (see Section 10). For reasons I will give in that context, I reject any challenge to his honesty. I consider that he was reliable as to events during the training exercise at Lancelin.
903 Person 10 said that he was given the job of security once the compound had been secured during the training exercise at Lancelin. He was standing inside the doorway and facing out. The applicant walked up to him and called him to come with him. He was taken into an area where the rest of the patrol was located. Person 9 was there and he was playing the role of a PUC. He was bound and kneeling facing the corner or wall. The patrol was standing in a semi-circle and the applicant was discussing the next stage of the assault. The applicant said to Person 10 words to the effect of "shoot him" and Person 10 said words to the effect of "But its [Person 9]". The applicant again said words to the effect of "shoot him" and Person 10
