Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/96

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307 The evidence from Persons 14 and 24 was to the effect that they were close to the north-western corner of W108.

308 Person 14 gave evidence that both he and Person 24 were stationed near the north-western corner of W108. He marked his location and his line of approach to that point on exhibit R98. He also marked Person 24's position on exhibit R98.

309 Person 24 marked his location on exhibits R141 and A130 and he said that he was approximately two to three metres from Person 14. As I have said, this is not in exactly the same location as Person 14's evidence, but I do not consider the differences to be such as to give rise to concerns as to credit or, as the respondents put it, to undermine the essential consistency of their evidence.

310 Person 18 gave evidence that just prior to his arrival at the compound as a member of Person 5's patrol, which was one of the assault or clearance patrols, Person 6's patrol had broken away from the main body and moved left which would have been to the northwest to take up a position on the north-western corner of the compound. He marked the location of Person 6's patrol on exhibit R132. This is in the same general area identified by both Persons 14 and 24. He said that the troop converged on the western side of W108 and prepared to make entry along that wall. He recalls seeing part of a door on the western side which had been partly removed and he can recall going through that entry point. Person 18 also gave evidence that when he went outside the compound and saw a low wall about 10 metres in front of him which he could see over, he then looked to his left and he could see persons from Person 6's patrol who were "off to the northwest".

311 The evidence of other witnesses called by the respondents as to the location of Person 6's patrol was as follows. Person 41 said that his understanding was that Person 6's patrol would be a cordon and overwatch to the left and as to the other two patrols, one was in the rear and the other one was out to the right hand side for a cordon. Person 42 said that his understanding of the role assigned to Person 6's patrol was that they were to scout the path in and then remain outside the compound providing cover and screening basically to the north of the compound while the assault patrols did their clearance. He said that the north was covered by Person 6's patrol.


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
86