military grade were recovered. After the engagement at the Helmand River, the applicant's patrol rejoined the rest of the troop and commenced the clearance of the village.
1007 There is no evidence, apart from the evidence of the applicant, that he used his foot to push or roll the body of the dead insurgent down the slope. If that "act" was the source of the kicking off the cliff story, then one would assume that at least one of Persons 4, 56 or 11 would have recalled the event if it had occurred. In any event, I would not accept the applicant's evidence on the point without supporting evidence and there is none. There is no evidence from any witness that supports the notion that the incident was discussed among the troop and in some way later confused with the circumstances of the engagement which occurred just prior to the extraction of the applicant's patrol from Darwan.
1008 The applicant may have recognised these difficulties because he did not advance any submission in closing submissions based on the evidence he gave of having used his foot in the insurgent's back to push him down the embankment. I will refer to this evidence again in Section 12 of this Part. This is one of the lies by the applicant which the respondents claim reveals a consciousness of guilt.
1009 I have referred to the evidence of the various witnesses as to their respective recollections of the items recovered from EKIA3. As far as ADF records are concerned, both the "storyboard" (exhibit R1) and OPSUM for the mission (exhibit R10) record the recovery from the insurgent engaged near the Helmand River of an ICOM, as well as 1 Chicom Type 56 Assault Rifle and 1 PCD with 2 sim cards.
The Applicant's Patrol joins Other Patrols and is in the Middle Group of Compounds by 0906DE
1010 The applicant's patrol moved back to the compounds in the village and met up with Troop Bravo, that is, the troop sergeant. He is 2IC to the troop commander. The applicant gave Troop Bravo the dark coloured shawl containing the equipment and the rifle itself. The applicant said that the AK-47 variant was rendered inoperable because of the shot through the receiver and it was in the patrol room for a number of weeks. Finally, it was kept in the Fat Lady's Arms.
1011 According to the applicant, his patrol then had a break and other patrols were moving through. Some patrols were moving north while the rest of the force, including the applicant's patrol, headed up the dry creek bed that branched off the Helmand River. The various patrols
