that the troop also received intelligence from a ScanEagle drone utilised in support of Australian forces which identified insurgents in W108.
291 As I have said, a 500-pound bomb was dropped on W108. The bomb was dropped at 1221DE following the observation of insurgent activity in and around the compound. The bomb caused extensive damage to the compound.
292 The respondents point out that the operators on 12 April 2009 regarded the side of the compound closest to the river as east with the opposite wall being west. Consistently with that understanding, the corner of the compound where the tunnel courtyard of the compound was located was thought to be the north-western corner and the markings on the Sensitive Site Exploitation (SSE) bags reflect that fact. As I have said, there was only one tunnel courtyard referred to in the evidence. As the respondents submit, later documents and, in particular, the aerial photographs of W108 shown to a number of witnesses, have identified north as being closer to what was understood as west on the day of the mission. As the respondents submit, evidence given in the context of such documents, and sometimes other times, thus involved a corresponding adjustment of the cardinal points used and an example is the area where the tunnel courtyard was located being described as the "northeast corner".
293 After the bomb, there was a lot of rubble and large mounds of dirt in W108. The applicant said that the bomb had effectively blown out the internal component of the compound, but left a lot of the external structures and some of the external accommodation intact. It can be seen from the photograph which is annexed to these reasons that substantial damage was done to what was understood on the day to be the northern half of W108.
294 Following the dropping of the bomb, Person 81 gave orders to the patrol commanders to clear both W108 and W109.
295 It is convenient at this point to refer to information in ADF documents which are sensitive and which were referred to in closed Court. They set out details of pre-mission intelligence and various events during the day. Both sides referred to entries for their own purposes. The entries said to be relevant are set out in the closed Court reasons (at [2]–[8]).
296 Each patrol was assigned a particular role in the assault and clearance of W108. Person 5's patrol and Person 29's patrol were assigned the role of assault patrols. That meant that they were to conduct the clearance of the compounds. Person 6's patrol was assigned the role of leading the approach of the troop from the VDOP to W108 and then of providing external security and performing cordon duties while the compound was being cleared. Person 43's patrol and Person 44's patrol were, like Person 6's patrol, each given the role of providing external
