Ben Roberts-Smith accuser didn‘t tell journalists about war crime in ’gossip’ session, court told

One of Ben Roberts-Smith’s primary accusers spoke with journalists about the former soldier - but his most devastating claim wasn’t written down.

One of Ben Roberts-Smith’s chief critics spent hours leaking to journalists about the elite soldier’s personal life, marriage and “f..k-ups” in Afghanistan but a shocking war crime allegation didn’t seem to warrant a mention, a court has heard.

Mr Roberts-Smith is suing Nine newspapers and journalists over a series of articles claiming he bullied soldiers and abused and killed unarmed Afghans.

The Victoria Cross recipient denies every allegation and claims a cadre of jealous soldiers was trying to bring him down by speaking with the media.

Among his most vocal detractors in the SAS is a Warrant Officer Class Two known as Person 7, who spent this week giving evidence in the Federal Court defamation hearing.

Person 7 appeared anonymously on 60 Minutes, in September 2019, where he told Nine journalist Nick McKenzie that Mr Roberts-Smith had been accused of kicking an unarmed Afghan down a cliff. The Afghan, named as Ali Jan in Nine’s coverage, was allegedly executed by the SAS after his head was split open on a rock in the fall.

Mr Roberts-Smith denies those claims, saying he shot and killed a Taliban spotter – but no handcuffed farmer.

Person 7 this week told the court a junior soldier witnessed the alleged war crime in the village of Darwan in 2012 and reported it before Person 7 took it higher.

The senior SAS soldier on Friday was taken through notes made during meetings he had with Nine journalist Chris Masters in 2015 and 2016.

According to the notes, Person 7 gave examples of Mr Roberts-Smith bullying junior soldiers and making errors while planning and carrying out missions in Afghanistan.

Mr Roberts-Smith’s wife and father were also mentioned in what Person 7 conceded was “petty, childish gossip”.

But Mr Roberts-Smith’s barrister, Arthur Moses SC, suggested Person 7 did not mention the “cliff kick” in the village of Darwan during those meetings.

“You did not tell him about the allegation of Mr Roberts-Smith kicking a person off the cliff in Darwan when you had meetings in late 2015 and February 2016, did you?” he asked.

“He raised that allegation and I said that I had heard about that allegation,” Person 7 said.

“I want to suggest you never said that to him,” Mr Moses repeated.

“I did tell that to Mr Masters,” Person 7 insisted.

It’s not clear why the most harrowing allegation against Mr Roberts-Smith was not recorded in the notes because Person 7 claimed he had learned about it in 2013.

Mr Moses also said that “on the reading of the notes” it did not appear that Person 7 had told Mr Masters about Mr Roberts-Smith allegedly assaulting an unarmed Afghan in 2012.

Mr Masters’ notes also do not record Person 7 alleging Mr Roberts-Smith conducted a “mock execution” against another SAS soldier, Mr Moses said. Person 7 made both allegations in court.

Person 7 said he knew he was breaching his responsibilities to the ADF and potentially breaking the law by sharing information with Mr McKenzie. But he has remained steadfast in his explanation, telling the court the Australian public needed to hear the allegations against the ADF’s most famous soldier.

The trial continues.

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