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SAS soldier recalled after puzzling evidence in Ben Roberts-Smith case

An SAS soldier who gave evidence about a strange issue at the Ben Roberts-Smith trial has been brought back for one reason.

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An SAS soldier, who testified for Ben Roberts-Smith about a puzzling war story, has been recalled to give more evidence behind closed doors in the marathon defamation case.

Mr Roberts-Smith is suing Nine newspapers over a series of articles in which they claimed he committed war crime murders in Afghanistan.

The Victoria Cross recipient denies each allegation and has been calling witnesses for over a month to testify in his case.

The court, on Monday, heard a witness codenamed Person 27 was now being recalled to testify in closed court.

He had been overseas until this weekend and the court had struggled to locate him - but he will now give evidence on Tuesday afternoon.

It‘s not yet clear if the public will learn what Person 27 is being recalled over - but the SAS soldier previously told the court Mr Roberts-Smith’s lawyers were behind a strange comment that has appeared in multiple court documents.

The court has heard claims Mr Roberts-Smith, at the end of 2012, ordered an Afghan special forces soldier to execute a detained civilian after the SAS discovered a weapons cache.

Ben Roberts-Smith in 2010. The SAS veteran’s defamation lawsuit against Nine has entered its final week.
Ben Roberts-Smith in 2010. The SAS veteran’s defamation lawsuit against Nine has entered its final week.

Some soldiers have claimed they witnessed the killing - others, including Mr Roberts-Smith, deny any such shooting took place.

Mr Roberts-Smith and four other SAS soldiers submitted outlines of evidence to the court that said Nine‘s allegation was wrong.

Their reason was simple and clear - an Afghan soldier, which Nine claims was also involved in the killing, was not working with the Australians at that time in 2012.

Person 27 was among those witnesses who said that particular Wakunish soldier, or “Waka”, had been removed from service because he shot a dog.

The bullet ricocheted and hit an Australian soldier in the rear, Mr Roberts-Smith‘s witnesses said in their outline of evidence.

But Person 27, speaking on the stand this month, told the court that the outline of evidence was incorrect.

The Wakunish soldier Mr Roberts-Smith‘s side accused of shooting the dog, known only as Person 12, had not been removed from service, the court has now repeatedly heard.

An SAS witness has been recalled to give further evidence in closed court in the trial. Picture NCA Newswire/ Gaye Gerard
An SAS witness has been recalled to give further evidence in closed court in the trial. Picture NCA Newswire/ Gaye Gerard

“Who first used Person 12’s name?” Nine’s barrister asked.

“Ben’s lawyers,” Person 27 responded.

Last month Nine‘s barrister, Nicholas Owens SC, accused Mr Roberts-Smith’s witnesses of “colluding” to give false evidence that would make Nine’s allegation impossible.

Mr Roberts-Smith‘s legal team deny there was any collusion.

Person 27‘s evidence is expected to last just one day before the court prepares to hear from a high ranking SAS officer.

The officer, who cannot be identified, will give evidence on another mission in which Nine claims Mr Roberts-Smith carried out war crimes.

The multi-year case is expected to close on Friday.

Originally published as SAS soldier recalled after puzzling evidence in Ben Roberts-Smith case

Original URL: https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/sas-soldier-recalled-after-puzzling-evidence-in-ben-robertssmith-case/news-story/a38b5c367d54bb7fe5daff1f9eb358a8