Ben Roberts-Smith witness Person 5 cross-examined over gunfire heard on Whiskey 108 mission

A key witness for Ben Roberts-Smith has claimed a senior ADF commander made a shocking comment about a hostage during a 2016 mission in Afghanistan.

A key witness for Ben Roberts-Smith has said he decided to quit the Australian Defence Force after he heard the head of the special forces in Afghanistan allegedly make a disparaging comment about a hostage.

The witness, codenamed Person 5, claimed he heard Australian Special Operations Commander Jeff Sengelman say during preparations for a 2016 mission to rescue a British-Australian hostage that “she isn’t a real Australian anyway”.

It’s understood Person 5 was referring to the abduction of aid worker Kerry Jane Wilson, who was freed later that year.

Ms Wilson was held captive for four months after she was grabbed at gunpoint from her Jalalabad charity office.

Then-foreign minister Julie Bishop did not give details on the freeing of Ms Wilson at the time, but thanked local authorities and consular staff for their assistance.

Person 5 was giving testimony in a defamation lawsuit brought by Mr Roberts-Smith, a Victoria Cross recipient, against Nine newspapers.

The witness said he heard former Australian Special Operations Commander Jeff Sengelman make the comment.

Mr Roberts-Smith says the newspapers falsely portrayed him as a war criminal, including by accusing him of executing a detainee during a 2009 mission, which he denies.

Person 5 denies ordering a junior soldier to execute another Afghan during the same mission.

Nine’s barrister Nicholas Owens SC continued cross-examining Person 5 on Tuesday after the former SAS patrol commander spent three days in the Federal Court witness box last week.

Person 5 was pressed on his account of the 2009 raid and about testimony he gave that he first learned of the two men’s deaths after gunshots were heard during a meeting with other team leaders.

The witness told the court he left the meeting upon hearing gunfire and that he spoke to Mr Roberts-Smith, who told him two insurgents had been killed in action.

Ben Roberts-Smith is suing Nine newspapers for defamation. Picture NCA Newswire/Seb Haggett

But Mr Owens put to Person 5 that he had stated in his outline of evidence to the court that he first learned the two Afghans had been engaged through a call on the radio.

Mr Owens said there was another inconsistency as well — in the outline, Person 5 had said he was on the way to the team leader meeting when he heard the gunfire, whereas he told the court he heard the shots while the meeting was ongoing.

The barrister accused the witness of “changing his story as he finds flaws in it”.

“This is another example of how you can’t keep your story straight,” Mr Owens said.

“No, that's not correct, I’ve just thought about it a lot more (since the outline was written),” the witness replied.

Person 5 denied Mr Owens’ assertions he in fact ordered one of the killings and that he was angry at Mr Roberts-Smith afterwards for doing it out in the open where they could be spotted by a surveillance drone that was recording video.

“You were worried it could have recorded the executions, correct?” Mr Owens asked.

“No, that’s not correct,” Person 5 replied.

Person 5 completed his evidence on Tuesday afternoon.

Ben Roberts-Smith is one of Australia’s most decorated soldiers. Picture: NCA NewsWire / Damian Shaw

He was followed in the witness box by another former SAS soldier, codenamed Person 35.

Person 35 was asked by Mr Roberts-Smith’s barrister Arthur Moses, SC to recount a 2012 mission where Nine has alleged another illegal killing took place.

Nine has alleged an Afghan Partner Force commander, known as Person 12, executed an unarmed Afghan on the orders of Mr Roberts-Smith near the village of Khaz Oruzgan.

Mr Roberts-Smith denies the allegation and has said Person 12 was not even on the mission because he had been banished from working with the SAS after earlier shooting a dog, causing the bullet to ricochet and injure an Australian soldier.

Person 35 testified to witnessing the dog shooting during his evidence on Tuesday.

“We were questioning some locals ... there was a large Afghan hound barking and Person 12 decided to shoot it,” Person 35 said.

“The shot went through the dog, hit the ground and ricocheted up at another team commander.”

Person 35 said Person 12 was removed from the patrol.

The hearing continues.

Originally published as Ben Roberts-Smith witness Person 5 cross-examined over gunfire heard on Whiskey 108 mission