“I find it heartbreaking,Mr Moses,” Person 24 told Mr Roberts-Smith’s barrister,Arthur Moses,SC. The soldiers cannot be identified for national security reasons.
Mr Roberts-Smith is suingThe Age,The Sydney Morning Herald andThe Canberra Times for defamation over a series of articles in 2018 that he says portray him as a war criminal.
The media outlets are seeking to rely on a defence of truth and allege Mr Roberts-Smith committed or was involved in six murders of Afghans under the control of Australian troops,when they cannot be killed under the rules of engagement. Mr Roberts-Smith has said any killings were carried out lawfully in the heat of battle.
A serving SAS soldier dubbed Person 41has previously told the court that he witnessed Mr Roberts-Smith in 2009 grabbing an unarmed Afghan man inside a compound known as Whiskey 108,kneeling him in front of Person 4 and directing him to shoot the man. Mr Roberts-Smith has denied giving that direction.
Person 4objected to answering questions about the alleged events at Whiskey 108 when he was called to give evidence earlier in the trial. He did so on the basis that he might have incriminated himself. Justice Anthony Besanko did not compel him to answer the questions.
Person 24,who started giving evidence on Monday before returning to the witness box on Tuesday for further cross-examination,did not say he witnessed the alleged killing involving Person 4 or the alleged direction by Mr Roberts-Smith.
However,Person 24 said he witnessed a soldier known as Person 5,the commander of Mr Roberts-Smith’s troop,coming to the door of his patrol room before the Whiskey 108 mission “in a jovial manner,dancing a bit of a jig”. He told the court that Person 5 said:“We are going to blood the rookie.”