where, it is said, information came from that is unreliable or wrong. The applicant submitted that it is not entirely clear who prepared, on the respondents' case, documents which are false, wrong or, in some instances, deliberately fabricated and when that was done.
150 I will need to consider carefully the contemporaneous documents and the effect they have on the findings of fact to be made. At this point, I reject the submission that there is a fatal lacuna or vacuum in the evidence about their preparation. For example, evidence was given, including by the applicant himself, concerning the preparation of After Action Reports, SITREPs, OPSUMs, story-boards and INTREPs.
7. The arrangements with Persons 4 and 56
151 The applicant submitted that had the Court not asked a question, the arrangement between Person 4 and the respondents would not have been disclosed. The applicant would not have known of the arrangement and the arrangement was, on the applicant's submission, plainly relevant to the potential honesty and reliability of Person 4. The applicant went on to submit that a prosecutor would have been in breach of his or her duty had they not disclosed that arrangement when alleging a serious criminal offence such as that alleged against the applicant. The applicant referred to the respondents' submission that they were not a prosecutor and they had no duty to disclose the arrangement. The applicant submitted that that may or may not be correct, but the significant matter is that the respondents, at the same time, ask the Court to make a finding that the applicant committed a criminal offence on a mission (Darwan) based on the evidence of a person (Person 4) who they had struck an arrangement with in relation to not asking him questions, but they wanted to allege in respect of another mission (W108) that he (Person 4) was a murderer. The applicant made a similar, although not identical, submission in relation to Person 56. He submitted that a prosecutor would not conduct themselves in that manner because it would raise a real question as to the integrity of the evidence from the witness that they were leading. It is not entirely clear whether this submission was directed to the absence of the disclosure of the arrangements or the fact of the arrangements.
152 Insofar as the submissions were directed to the absence of the disclosure of the arrangements, the fact is that the arrangements were disclosed and there is no lacuna or vacuum in the evidence in this respect. The fact of the arrangements is a matter I will consider in the context of the particular mission.
