A photo of the dead man obtained byThe Age andThe Sydney Morning Herald shows him lying on his back with no weapon in sight.
In September,The Age andHeraldrevealed that another AFP taskforce was investigating Mr Roberts-Smith over allegations he kicked a handcuffed and innocent detainee,Ali Jan,off a cliff in the village of Darwan in September 2012. The Darwan taskforce has also obtained co-operation from SAS witnesses and support staff willing to testify on oath against the decorated soldier.
Defence and Afghan based sources said their testimony is supported by Afghan witnesses who earlier this year gave sworn statements to the AFP in Kabul.
Mr Roberts-Smith denies all wrongdoing,has a separate account of the day in question and says his accusers are jealous rivals. Sources from the special forces said,in the case of the Darwan incident,Mr Roberts-Smith was relying on the testimony of an SAS soldier who claims it was he who shot Ali Jan because he was a hostile insurgent posing a risk to Australian soldiers.
But multiple special forces insiders have said that claim is contradicted by witnesses who say they saw Ali Jan first detained and then kicked off a small cliff by Mr Roberts-Smith.
The military inquiry
In addition to the police probes,Mr Roberts-Smith is at the centre of the biggest investigation in recent military history,known as the Brereton inquiry. The royal commission-style probe by the defence Inspector-General is investigating him and a small number of other soldiers over allegations of war crimes in Afghanistan,specifically that detainees were summarily executed.
The defence force chief Angus Campbell commissioned the independent inquiry in 2016. It is led by NSW Supreme Court of Appeal Justice Paul Brereton.
Mr Roberts-Smith has previously attacked the inquiry after learning it was investigating multiple allegations about his involvement in summary executions,the brutalisation of detainees and the bastardisation of soldiers under his command. Mr Roberts-Smith recently launched attacks on senior defence leaders in which he accused them of abandoning him and disregarding veterans'mental health.
The various inquiries have been supported by many serving and former special forces soldiers,most notably Afghan veteran turned MP Andrew Hastie. The Inspector-General inquiry into alleged war crimes is also backed by defence minister Linda Reynolds. Two serving SAS soldiers also backed the inquiry in a series of stories inThe Age,theHerald and60 Minutes in September.
The Age andHerald alsoreported in September that soldiers from the Commandos— the second wing of Australia's special forces — have confessed to summarily executing detainees.
Multiple defence sources say the Inspector-General is investigating at least eight unlawful killings allegedly conducted by the SAS or the Commandos,including the alleged murder of unarmed detainees and civilians.
The inquiries by both Justice Brereton and the AFP have faced significant challenges in piercing the code of silence in the special forces and Justice Brereton has faced pressure from some politicians and media commentators over the time taken to complete his inquiry. It began in 2016 and the defence department has declined to say when it will be competed or whether all or part of it will be made public.
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However,the Australian military's leadership team has instructed soldiers to co-operate with police and Justice Brereton and he has interviewed more than 250 special forces personnel,according to figures released by defence.
Mr Roberts-Smith has hired a team of lawyers including top barrister,Arthur Moses SC,and a public relations firm to counter the allegations,which he vehemently denies. Experienced PR executive Sue Cato and former journalist Ross Coulthart are being supported by billionaire media mogul,Seven West Media chairman Kerry Stokes,a backer of Mr Roberts-Smith who employed him as a senior manager in 2015.
Mr Stokes is also backing the defamation proceedings Mr Roberts-Smith has launched against Fairfax Media - now known as Nine - for a series of investigative reports about his alleged misconduct. Last week,Nine Entertainment lawyersfought efforts in the Federal Court brought by Mr Roberts-Smith to force journalists to reveal their sources.
On Friday,the federal president of the journalists'union,Marcus Strom,issued a statement backing Nine's legal fight to protect its reporters'sources by invoking source shield laws.
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"There is no higher principle for journalists the world over,"Mr Strom said."To discard the shield at a time when the public's right to know is already under assault would further damage press freedom in Australia."
The Age andHerald have already flagged an appeal if they should lose the battle to keep their sources protected.
The court has reserved its decision.
Mr Roberts-Smith has labelled the reporting about him as false and malicious,attacking it in multiple statements and interviews given toThe Australian's Paul Maley. Mr Maley,a defence reporter,has described Mr Roberts-Smith's treatment as"demonstrably unfair"and suggested rumours or"digger whispers"may be behind some of the allegations.