Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/250

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Events in Darwan on 10 September 2012

975 Mohammed Hanifa said that in the days before the soldiers came to Darwan, the foreign forces distributed letters which said that a reward would be given to anyone who provided information about Hekmatullah. He did not know Hekmatullah.

976 Mohammed Hanifa saw Ali Jan the day before the raid on Darwan. Ali Jan told him that he (Ali Jan) had brought wheat which he wanted to mill and that he wanted to go to the mountain tomorrow. Mohammed Hanifa said to Ali Jan that he would go with him. Mohammed Hanifa wanted to bring his stepmother Bibi back to Darwan. Ali Jan did not tell Mohammed Hanifa where he was intending to spend the night.

977 The day before the raid, Shahzada Fatih saw Ali Jan at the riverbed near his house. Ali Jan had come to Darwan to mill wheat and Shahzada Fatih asked him whether he was going to the mountain tomorrow in the morning and Ali Jan said that he would be going to the mountain. Shahzada Fatih said to Ali Jan that Mohammed Hanifa would go with him so that he can bring his mother back to the village. His wife, Mohammed Hanifa's mother, was Ali Jan's sister and she was up in the mountain. Her name was Bibi Jan.

978 Mangul Rahmi was asked in cross-examination whether he had been told by Ali Jan where Ali Jan had spent the previous evening. His initial answer was Haji Muhammad Gul's house and then he said that Ali Jan had said that he had spent the night at Haji Wali Jan's house and that he brought wheat to mill it in his mill.

Insertion into Darwan by the Task Force on 11 September 2012

979 The Task Force travelled by helicopter from the main base at Tarin Kowt to Darwan. There were two turns involving four Black Hawk helicopters accompanied by two Apache helicopters. The Task Force consisted of 42 Australian soldiers and 18 NDS or Partner Force members.

980 During the mission, the ground force was supported by two manned ISR aircraft and an unmanned aerial vehicle, being a Heron drone. The Sametime chat record and the OPSUM for the mission shows that Turn 1 of the Task Force was wheels-up at Tarin Kowt at 0532DE and wheels-down at Darwan at 0547DE. Turn 2 was wheels-up at Tarin Kowt at 0608DE and wheels-down at Darwan at 0623DE. One way, the flight time was approximately 15 minutes and the round trip was approximately 30 minutes. The SASR soldiers were part of Turn 1 for insertion and the commandos were part of Turn 2.


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