Lawyers for Ben Roberts-Smith recalled and quizzed key Nine witness over concerns he lied
A key witness for Nine newspapers in the Ben Roberts-Smith defamation trial has been recalled and quizzed over concerns he lied to the court.
NSW
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A key witness for Nine newspapers in the Ben Roberts-Smith defamation trial has been recalled and quizzed over concerns he lied to the court.
The former SAS corporal known as Person 24 was recalled to the Federal Court on Thursday and questioned behind closed doors.
He was at the compound in Afghanistan known as Whiskey 108 where Nine alleges Mr Roberts-Smith killed an unarmed Afghan.
Person 24 told the court Mr Roberts-Smith walked out of the compound holding a man in his hand and carrying him parallel to the ground.
“He was held by the pants or the back of the shirt. He marched approximately 15 metres directly out from that entrance, dropped the man on the ground and immediately began with a machine gun burst into his back,” he said.
But lawyers for the Victoria Cross recipient had Person 24 recalled after his evidence to the Inspector-General of the Australian Defence Force (IGADF) inquiry over the same incident was unsealed by the court.
Arthur Moses, SC, told the court he had read the IGADF transcript and said “there is a real concern that person 24 has perjured himself”.
His request for Person 24 to be recalled and questioned in closed court was granted after he said “there has been interference in respect of this evidence as well … by another witness.”
Person 24 was the final witness to testify for Nine as it defends a defamation action brought by Mr Roberts-Smith claiming the media organisation falsely identified him as a war criminal.
On Tuesday the first of up to 20 witnesses will be called by Mr Roberts-Smith’s lawyers as they seek to tackle Nine’s claim that the allegations are true.
Another former SAS patrol commander, known as Person 5, who was also at the Whiskey 108 compound on Easter Sunday 2009 will be the first to take the stand today.
Person 5’s evidence could be crucial in establishing what happened during that mission.
In his evidence Person 24 has previously said that Person 5 had jovially said before the raid took place that they were “going to blood the rookie”.
During the mission Nine claims Person 5 ordered a junior soldier to execute an unarmed, captured Afghan inside the Whiskey 108 Taliban compound.
Mr Roberts-Smith was allegedly present during the killing and did not intervene, Nine claims in its case.
Mr Roberts-Smith vehemently denies their claims, which have been contradicted by one of their own witnesses who in turn alleged it Mr Roberts-Smith who ordered the rookie soldier shoot the Afghan.
Person 5 is expected to deny all wrongdoing in support of Mr Roberts-Smith’s version of events at Whiskey 108.
The hearing continues.
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