Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/233

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responded by saying "Bang, bang". The applicant then said words to the effect of "that's how it is going to be on the day".

904 Person 19 said that the applicant said to Person 10 "I want you to shoot the PUC" and Person 7 said that the applicant said to Person 10 "kill him" and "are you good with that? Because that's how it's going to be when we get over there".

905 Person 19 described the look on Person 9's face during these events. He said that Person 9 looked quite surprised. Person 7 witnessed the incident from the top of the Conex or shipping container. Person 31 gave evidence that Person 7 spoke to him about the incident on top of the Conex or shipping container or in the car and Person 7 said:

Person 7: "For fucks sake, Mr Roberts-Smith has had Person 10 do a scenario of executing a PUC."

906 Person 7 said that he had a conversation with Person 31 as follows:

Person 31: "What was that all about?"

Person 7: "Geez. He's a fucking idiot."

907 After these events, Person 9 or Person 7 said to Person 10 words to the effect of "Don't get involved in that shit. It's not good" and in the car later, Person 19 said to Person 10 words to the effect of "Can you believe that bullshit?". I accept Person 7's evidence as to what he saw and the conversation.

908 Person 7 spoke to the applicant after the training exercise. He approached the applicant and said words to the effect of "RS, you got a second?". The applicant turned around and appeared to Person 7 to be annoyed. He went over to Person 7. Person 7 said to the applicant words to the effect of "What was that shit all about?". The applicant responded by asking, "What shit?". Person 7 said words to the effect of "You know what shit I'm talking about", "Pull your head in. Grow up, and wake up to yourself". The applicant turned around and walked away. He was mumbling something of which Person 7 said he understood to include, "Fucking war". I accept Person 7's evidence.

909 Person 31 also spoke to the applicant about the incident. That night or the next afternoon, he stopped as he was walking past the applicant and said words to the effect of, "Fuck. You need to pull — you know, pull your head in. You know. You can't be doing that shit". Person 31 said that the applicant looked down, grunted, nodded and walked off. As I say later in these reasons, Person 31 was a straightforward witness and I accept his evidence.


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