Ben Roberts-Smith’s accuser says he was snubbed of VC while court told of new killing

An SAS soldier has told a court he risked his life alongside Ben Roberts-Smith but was overlooked for a Victoria Cross by ‘politicised’ forces.

Ben Roberts-Smith has been accused of “blooding” a rookie SAS soldier by ordering him to execute an unarmed Afghan — now his lawyers say they will air claims the soldier had already killed another Taliban days earlier.

The same unnamed SAS soldier has also told a court he risked his life alongside Mr Roberts-Smith but was passed over for the military’s top accolade because of “politicised” forces.

Mr Roberts-Smith is suing Nine newspapers and journalists over a series of articles claiming he killed six unarmed Afghans while deployed.

An SAS soldier known as Person 41 told the court last month that Mr Roberts-Smith forced an elderly Afghan to his knees during a raid on a compound known as Whiskey 108.

Person 41 told the court Mr Roberts-Smith ordered the SAS rookie, Person 4, to shoot the Afghan in the head so he could be “blooded” with his first kill.

“I walked up to Person 4. I don’t believe anything was said, he removed the suppressor from his rifle and gave it back to me, it was still warm,” Person 41 told the court on February 2.

“(The Afghan) had been shot once in the head and the Afghan was dead on the ground, quite a bit of blood flowing out of his head wound.”

Whiskey 108 was Easter Sunday in 2009, the court has heard.

But Mr Roberts-Smith’s barrister Arthur Moses told the court this week that Person 4 had been involved in a mission called Objective Depth Charger days earlier.

Objective Depth Charger was a “high value” Taliban target and the SAS had performed a secretive mission to get to him.

Person 4, under cross examination on Tuesday, agreed that he and two other SAS operators “engaged” Objective Depth Charger.

Mr Roberts-Smith before the offensive in 2010 that led to the battle of Tizak. Picture: Department of Defence

Mr Moses sought to ask Person 4 whether he killed Objective Depth Charger on Wednesday but Justice Anthony Besanko refused his questions.

“Our proposition, to put it quite bluntly … is that (Person 4) in fact with Person 5 and Person 6, killed the objective of that particular mission in early April 2009,” Mr Moses told the court in Person 4’s absence.

Mr Moses said he would lead evidence from other witnesses about the mission, which was important for Justice Besanko to decide whether Person 4 would be “blooded” if he already had killed an enemy, the court heard.

Person 4 has constantly objected to questions from Mr Roberts-Smith’s legal team about Whiskey 108 on the grounds of “self-incrimination”.

Mr Roberts-Smith’s lawyers claim Person 4 did a “side-deal” with Nine that they would only press him to testify about a 2012 mission in the village of Darwan.

Person 4 told the court this week he saw Mr Roberts-Smith kick an unarmed Afghan in the chest, catapulting him down a slope into a rock which “exploded” the teeth from the farmer’s head.

The unnamed SAS soldier told the court he and a third soldier dragged the injured farmer across a dry creek bed before the third soldier shot Mr Jan dead in front of Mr Roberts-Smith.

He denies being a source for Nine and now suffers from a range of mental health issues including flashbacks about his time in Afghanistan.

Chief of the Defence Force, Air Chief Marshal Angus Houston, salutes Ben Roberts-Smith during the VC award ceremony in January 2011. Picture: Department of Defence

Person 4 said his lawyers flagged a potential deal with Nine but he was “unsure” if any agreement was reached.

The Federal Court, on Wednesday, also heard emotional testimony from Person 4 about a mission in the town of Tizak in 2010.

Person 4 told the court his SAS patrol was pinned down by “sustained and accurate” two Taliban machine guns and the “absolute dread and fear” written on the faces of his fellow soldiers.

Person 4 told the court he and Mr Roberts-Smith advanced toward the machine guns, flanking the Taliban while covering each other.

Person 4 said he exposed himself as Mr Roberts-Smith threw a grenade, and he killed one gunner.

The SAS soldier said he exposed himself again when Mr Roberts-Smith downed the second gunner.

The Victoria Cross citation for Mr Roberts-Smith reads that he killed both gunners but Person 4 disagreed.

Two machine gunners would normally warrant an attack from 100 soldiers, Person 4 told the court, but it was only himself, Mr Roberts-Smith and later a third SAS soldier facing the muzzles.

“That action, for me, was the highlight of my professional career purely because — excuse me,” he said, as his words caught in his throat.

“I didn’t let them down. We both supported each other. We overcame overwhelming odds together.

“There were only two of us that day, plus Person 32, that were able to overcome those odds.”

Mr Roberts-Smith meeting the Queen after he was awarded the Victoria Cross.

Mr Roberts-Smith was awarded the Victoria Cross for Tizak in January 2011 and it would not be until 2013 that Person 4’s heroism was recognised with the Medal for Gallantry.

“I was upset that something as outstanding as what both (Mr Roberts-Smith) and myself did was politicised,” he told the court.

“They could have accepted the fact both of us did as much as each other that day.”

Person 4 told the court that 2010 was “the most violent year” in Afghanistan that claimed many lives and the government and military leaders needed a “good news story” so turned to Mr Roberts-Smith’s bravery at Tizak.

Mr Roberts-Smith has told the court the Victoria Cross made his squadmates jealous and put a target on his back.

Last year he said he felt the VC was a recognition of the entire SAS troop’s efforts at Tizak.

“I will maintain until the day I die the Victoria Cross is for what we achieved, because you cannot go into battle alone. You have to do it together,” he said in evidence.

Mr Moses has spent days grilling Person 4 over inconsistencies in his allegations and probing his mental health, including the SAS soldier’s memory issues.

But on Wednesday, Mr Moses championed Person 4 as someone who had shown “great acts of bravery” at Tizak.

The trial continues.

Originally published as Ben Roberts-Smith’s accuser says he was snubbed of VC while court told of new killing