Roberts-Smith is suingThe Age,theHerald andThe Canberra Times for defamation over a series of articles in 2018 he says portray him as a war criminal who was involved in the unlawful killing of unarmed Afghan prisoners. Under the rules of engagement that bound the SAS,prisoners could not be killed.
The decorated former soldier denies all wrongdoing and has said any killings in Afghanistan,including two during the Whiskey 108 mission,happened lawfully in the heat of battle. The media outlets are seeking to rely on a defence of truth and allege Roberts-Smith was involved in six unlawful killings in Afghanistan,including the execution of two men who emerged from a tunnel at Whiskey 108.
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Person 81,who was called by Roberts-Smith’s legal team to give evidence,was troop commander in Afghanistan during the Whiskey 108 mission. He said on Wednesday that he was not informed by his soldiers that any men had been discovered in a tunnel.
During cross-examination by the newspapers’ barrister,Nicholas Owens,SC,on Thursday Person 81 agreed he was unable to say one way or another whether there were people in the tunnel,only that he didn’t see any himself.
“I take it,in your role as commander,you are,in fact,quite busy at all times during the mission?” Owens asked. “That is very correct,” Person 81 replied.
Person 81 told the court he had a memory of seeing fighting-age Afghan men inside Whiskey 108,but could not remember where.