985 On the day of the raid, Shahzada Fatih began his day by offering prayer at the mosque of Haji Amir Jan Aka. Shahzada Fatih was asked whether his other wife was in the compound that day and he said that she was in the house. Shahzada Fatih gave the names of the sons who were living with him on the day of the raid. Shahzada Fatih said that after he had offered prayer at the mosque, he started going towards his house when the "planes" appeared. He saw three planes coming towards his house and one plane went towards the mountain. He went to his house and sat there and he noticed dust rising from the ground when they landed and one plane landed at the mountain.
The Engagements in and around COI 31
986 COI 31 was Haji Mohammed Gul's compound.
987 Person 35's patrol, which consisted of Person 32 and three or four NDS members and accompanied on occasion by an interpreter, Person 13, cleared compounds and engaged two insurgents in the room which was referred to in the evidence as the almond room which I understood to mean a room where almonds were stored. This occurred at approximately 0610DE and resulted in two deaths which were designated as EKIA1 and 2.
988 The evidence of the Afghan witnesses, Mohammed Hanifa and Mangul Rahmi, was that the names of EKIA1 and 2 were Haji Nazar Gul and Yaro Mama Faqir respectively. Four fighting age males were located in a second compound in the vicinity and they were PUC'd. Person 35 said that they were taken under the control of his patrol and searched and handcuffed. They accompanied his patrol on its movement subsequent to the clearing of the compounds.
The Afghan Witnesses encounter Ali Jan
989 Mohammed Hanifa said that he was standing where the new guesthouse is and he saw Ali Jan coming with two donkeys. Ali Jan was holding the rope of one of the donkeys and the other one was in front of him. He left Mangul Rahmi and went towards Ali Jan beside the creek or the hillside. He took one of the donkeys from him:
… thinking that we will look like nomads, and then the foreign soldiers will all – the foreign soldiers will think that we are nomads.
990 The two of them moved off together, but shortly after that, two shots were fired at them and they returned back with the donkeys and stopped at the guesthouse. They went to the old guesthouse (i.e., the guesthouse as it was at the time) near Mangul Rahmi's house.
