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New Roberts-Smith shoot order evidence

Feb 2, 2022

Luke CostinAAP Media outlets alleging decorated former soldier Ben Roberts-Smith committed war crimes have watched their first Australian witness go further than their version of events. The Age, The Sydney Morning Herald and The Canberra Times have pleaded a truth defence to Mr Roberts-Smith's defamation lawsuit over reports about war crimes in Afghanistan. But their version of a key event - dubbed "blooding the rookie" - portrays the Victoria Cross recipient as an observer to an Afghan man's execution in 2009. Their key witness, a still-serving special forces soldier codenamed Person 41, on Wednesday testified Mr Roberts-Smith ordered the death. "RS pointed to the Afghan and said 'shoot him' and stepped to the side," he said of the instruction issued to a soldier on his first deployment. The location of the shooting, which Mr Roberts-Smith denies occurred, was a Taliban compound nicknamed Whiskey 108, in Uruzgan province. According to the newspapers' latest defence, filed in late June 2021, Mr Roberts-Smith and his patrol commander, codenamed Person Five, made reference to a need to "blood the rookie". The rookie was a soldier known as Person Four. The outlets say Person Five, in the presence of Mr Roberts-Smith, ordered Person Four to execute an Afghan man who was detained in the compound, detailing that the shooter placed the Afghan on his knees. Person 41, who says he was in the courtyard where the shooting occurred, denied seeing Person Five making any orders. The soldiers he recalled seeing at the time of the shooting were Person Four and Mr Roberts-Smith, he said. He denied ever telling anyone that Person Five was involved, or hearing such an account. He also didn't recall the "blood the rookie" being mentioned the day the SAS stormed into the Taliban compound. His account did however broadly accord with another part of the newspapers' defence, alleging Mr Roberts-Smith the same day carried an Afghan man and shot him with a light machine gun. "After he has done that, he looked up and saw me standing there and said 'we cool?'" Person 41 said. "I said 'Yeah, mate, no worries'." Person 41 said he didn't tell anyone else about the incident until 2019, citing an "unwritten rule (that) you just go along with whatever happens". He said he hadn't had any issues with Mr Roberts-Smith in 2009 or 2010 and "absolutely" agreed he was a brave, good soldier who could be relied upon to "have your back". Mr Roberts-Smith, 43 and now retired, has rubbished the execution suggestions, saying that after clearing the building, he spotted and fired two rounds at an insurgent holding a bolt-action rifle. Person 41 is the first of about two dozen Australian-based witnesses to be called by the newspapers. His cross-examination is due to resume on Thursday. Lifeline 13 11 14

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