He agreed with Arthur Moses,SC,one of the barristers acting for Roberts-Smith,that he gave a statement in the proceedings to get the newspapers “off ...[his] back”,and he “felt threatened” that he would be questioned in court about his own conduct if he did not co-operate.
Roberts-Smith is suingThe Age,The Sydney Morning Herald andThe Canberra Times for defamation over a series of reports in 2018 that he says portray him as a war criminal.
The newspapers are seeking to rely on a defence of truth and have alleged Roberts-Smith committed or was involved in six murders of Afghan prisoners under the control of Australian troops. Under the rules of engagement,killing an unarmed prisoner is unlawful.
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Roberts-Smith denies all wrongdoing and maintains any killings were carried out lawfully in the heat of battle.
The court heard Person 56,whose identity cannot be revealed for national security reasons,was a trooper in a patrol led by Roberts-Smith in Afghanistan in 2012.
Person 56 objected to answering a question on Monday from the newspapers’ barrister,Nicholas Owens,SC,about whether he was involved in a mission in the village of Fasil in Afghanistan in November 2012. His barrister,Sean Richter,said his client’s evidence may incriminate him in an unlawful killing.