He rejected an accusation by the newspapers’ barrister,Nicholas Owens,SC,that he had invented a story about a 2009 mission to a compound codenamed Whiskey 108 to help his friend.
Roberts-Smith alleges the newspapers defamed him in a series of articles in 2018 by suggesting he was a war criminal who was involved in the unlawful killing of unarmed Afghan prisoners. He denies all wrongdoing.
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The media outlets are seeking to rely on a defence of truth and allege Roberts-Smith was involved in six such killings,including two men who were discovered in a tunnel at Whiskey 108 and taken prisoner. Under the rules of engagement that bound the SAS,prisoners could not be killed.
Person 38 was also present at Whiskey 108 and told the Federal Court that no men were found inside the tunnel.
He said a soldier dubbed Person 35 went into the tunnel while another soldier,Person 29,held onto him to ensure he had backup if Taliban insurgents were hiding inside.
Person 38 said Person 35 called “clear” to indicate that nobody was inside,and told Person 29 “and anyone else in the vicinity that he’d found a bunch of equipment in the tunnel”.