1028 The applicant said that they waited at the last set of compounds for at least 10 minutes or more before receiving the call to extract. He then described what typically happened. The troop commander provides an extraction window which means that the soldiers have to be ready and at their designated HLZ by that particular time. There is a short period of time before the helicopters actually land.
1029 Person 11 said that he did not see any fighting age males in the group of compounds that the applicant's patrol cleared after the interpreter left with Person 56. He cannot recall whether they came across any women or children. Once the clearance was complete, the applicant's patrol waited for their orders for extraction. At that time, the applicant and Persons 11 and 4 were present.
1030 For reasons I will give, I do not accept the evidence of the applicant and Person 11 about the absence of Afghan males in the southern set of compounds.
1031 At or about this time, Shahzada Fatih said that he saw Mohammad Shah, who had been in the fields, with his hands tied up and positioned beside a wall. He said that the soldiers came to his compound and said "Show me the Taliban". Shahzada Fatih said that he did not know where the Taliban were. Shahzada Fatih was not touched by the soldiers and they did not tie his hands. They were talking to him in his language through an interpreter and he said that there was an interpreter there the whole time. He said that he saw many soldiers and he saw soldiers on the rooftop and also soldiers "down there". The soldiers had paint on their faces, on their cheeks, and there was one tall soldier with them. After he had been questioned, some of the soldiers went to Mangul Rahmi's house. They had the "big soldiers" with them.
1032 The other soldiers took Shahzada Fatih down to Amir Jan Aka's hut. The hut is near the river and the fields. Four of Amir Jan Aka's sons who had their hands tied up were there and they were made to sit with their heads down. Amir Jan Aka was there also, but his hands were not tied up.
1033 Person 4 had a recollection of encountering an individual in the second to last compound as the patrol moved south, that is to say, Shahzada Fatih's compound. Person 4 described the individual as "stout, relatively short, relatively heavy, standard dark beard". I agree with the respondents that this description is more likely to match Mohammad Shah rather than the older Shahzada Fatih. In cross-examination, he appeared to put the individual two compounds to the
