SAS soldier felt ‘threatened’ to testify against Ben Roberts-Smith

An SAS soldier has told a court he felt “threatened” into testifying against Ben Roberts-Smith, fearing Nine newspapers would allege he was a war criminal.

An emotionally vulnerable SAS soldier has told a court he felt “threatened” Nine newspapers would accuse him of a war crime murder unless he came to court to testify against Ben Roberts-Smith.

The soldier, anonymised as Person 56, stepped into the Federal Court witness stand on Monday morning as the high profile defamation trial resumed after a week of silence.

Mr Roberts-Smith is suing Nine newspapers claiming they falsely defamed him as a war criminal.

Nine insists the stories are true and has called multiple SAS soldiers to testify in support of their allegations.

Person 56 was asked first about a mission to the Afghan village of Darwan where Mr Roberts-Smith is accused of kicking an unarmed farmer down a steep drop into a dry creek bed.

Nine claims Mr Roberts-Smith ordered another soldier to execute the wounded Afghan - claims denied by the Victoria Cross recipient.

Person 56, on Monday, told the court he did not witness any kick or execution and was not with Mr Roberts-Smith through the entire raid.

The soldier said he didn’t hear anything said over troop radio about enemies killed in action but there was talk of someone being kicked down a cliff when the elite troops returned to base.

An unnamed SAS soldier has agreed he felt pressured by Nine newspapers to testify against Ben Roberts-Smith.

Mr Roberts-Smith’s barrister, Arthur Moses SC, did not begin by asking questions about Darwan, however.

Instead he focused his cross examination on communications between lawyers for Person 56 and Nine newspapers.

Person 56 agreed he did not want to be involved in the high profile defamation lawsuit and repeatedly refused Nine’s requests to meet and discuss the allegations.

But in August 2021, the court heard, Nine’s lawyers contacted Person 56 and said they knew he was “exposed” because of a second mission weeks later.

Nine’s lawyers told Person 56 he and Mr Roberts-Smith were accused of killing two detainees, known as PUCs, at the town of Fasil in October 2012.

“(Nine) believes that Person 56 and BRS are the two individuals responsible for the execution of the PUCs at Fasil,” Nine’s lawyers told Person 56’s lawyers.

The lawyers told Person 56 they could “steer clear” of the allegation if he agreed to speak about Darwan, the court heard.

Person 56 agreed he felt “threatened” to testify for Nine or they would out him about Fasil.

“(You understood) if you did not agree to speak with the respondent’s lawyers about Darwan and help them get what they need for their case against Mr Roberts-Smith, then they would subpoena you as a hostile witness and ask you questions about other matters, including Fasil?” Mr Moses asked.

“And you considered that to be a threat?”

“Yes,” the soldier replied to each question.

Mr Roberts-Smith arrives at the Federal Court on Monday where he is suing Nine for defamation. Picture: NCA NewsWire / James Gourley

The SAS soldier objected to giving evidence about Fasil on the grounds of self incrimination and Justice Anthony Besanko ruled he would not need to testify on the mission.

Person 56 has mental health issues and his wife has terminal cancer, the court heard.

Nine claims Mr Roberts-Smith’s patrol detained and executed two Afghans after they were found with explosive components in their HiLux at Fasil.

Another SAS soldier on the mission, Person 16, told the court a young Afghan was “shaking like a leaf” after they were detained by the road side and led away by Mr Roberts-Smith.

Person 16 said he later asked Mr Roberts-Smith what happened to the scared teenager.

“I shot that c*** in the head,” Person 16 claims Mr Roberts-Smith responded.

“(I) blew his brains out, it was the most beautiful thing I‘ve ever seen.”

Mr Roberts-Smith totally denies he killed anyone and denies those comments.

Earlier this year, Nine asked Justice Anthony Besanko to allow them to subpoena Person 56 to give evidence - the SAS soldier simultaneously asked the court to leave him out of the trial.

Mr Roberts-Smith’s lawyers also asked for Person 56 to be excused, but Justice Besanko allowed Nine to subpoena the soldier.

After months of evidence Nine is nearing the end of its extensive witness list - though at least one soldier is expected to be recalled.

Mr Moses, on Monday, said he believed one of Nine‘s witnesses had perjured himself and the barrister wants to question him further.

From next week the trial will dramatically change pace as Mr Roberts-Smith begins calling his own witnesses who are expected to cast doubt on Nine‘s claims he killed six unarmed Afghans and bullied his fellow soldiers.

The trial continues.