(Person 5) was, in fact, shooting at "the guy on the back of the motorbike" who was Objective Depth-Charger's bodyguard. Later in his cross-examination, Person 5 reverted to saying that he was "aiming at the men on the bike" and that he fired "at both of them".
274 ccept Person 4's evidence as to the order of march out of the gate and I accept Person 18's evidence that he was on a ladder next to the wall in preference to Person 5's evidence that Person 18 was on the ground. I accept Person 18's evidence that he and Person 14 engaged from an elevated position shortly after the first member of the ground force engaged.
275 ccept Person 18 as an honest and reliable witness. As I will explain in connection with the mission to Darwan, I accept Person 4 as an honest and reliable witness. I do not accept Person 5 as an honest and reliable witness. In terms of the perceptions at the time, they would have been that Person 4 was involved in the engagement, but they would not have been that Person 4 was responsible for killing Objective Depth-Charger, or his associate(s). The perceptions at the time were that the soldier(s) who fired the fatal shots were Person 6 or Persons 18 and 14.
276 se conclusions are supported by the evidence of what was said by Person 5 and the applicant immediately after the mission to W108. It is convenient to address that evidence at this point.
277 Person 18 gave the following evidence with respect to that matter:
…within the period shortly after the mission, did you hear anything said about what had happened on the mission?---When we got to the troop – vehicle drop-off point back on the western side of the valley out of the green belt, we got back into the harbour and I then heard by Person 5 and Ben Roberts-Smith that they’ve blooded the rookie.
Right. Did both of them – did you hear both people say that?---Yes, it was a conversation that the team had had – or these members had had. I didn't know what they were talking about at the time.
278 Person 14 gave the following evidence:
Now, Person 14, you might remember this morning you mentioned a conversation that you had heard about blooding the rookie that I said I would come back to; do you remember that?---Yes.
Right. Can you tell his Honour now where and when that conversation took place, and who said what in it?---In the vehicle LUP [lay-up point], and that was, obviously, when we had returned from that mission. When you come into the LUP, obviously, our patrol came in first and we received, if you will, the rest of the patrols. They come – they will generally file through us. And it was at that point of marry up, within the vehicle harbour, that Person 5 mentioned - - -
Well, just try – if you can, try and remember the words that you heard him say?---"I finally blooded the rookie".
