Ben Roberts-Smith link to three more war murders, court told

Ben Roberts-Smith and his former SAS patrol commander are implicated in three previously ­undisclosed murders of unarmed Afghans, a court has heard.

Ben Roberts-Smith outside the Federal Court in Sydney on Thursday. Picture: NCA NewsWire / Christian Gilles

Ben Roberts-Smith and his former SAS patrol commander are implicated in three previously ­undisclosed murders of unarmed Afghans, it was alleged on Thursday in a day of high drama in the war hero’s defamation case.

The former commander, who has been giving evidence on behalf of close friend Mr Roberts-Smith in his case against Nine newspapers, has had his legal ­expenses – amounting to at least $65,000 so far – covered by the VC winner’s employer, the Seven Network, it was revealed.

The witness, known as Person 5, told the Federal Court in Sydney he only became aware on Tuesday morning that his legal fees were being paid by Seven.

Under cross-examination by Nicholas Owens SC, acting for Nine newspapers, Person 5 said there was “no risk at all” that he would ever be tried for war crimes “because it didn’t happen, so that’s not going to happen”.

Earlier this week, Person 5 denied killing an unarmed Afghan, or ordering anyone else to do so. He also testified that a tunnel found in an Afghan compound known as Whiskey 108 was empty, countering claims by Nine that he had ordered the exec­ution of an elderly man hiding in it.

He acknowledged on Thursday there was another claim of three murders made against a ­patrol of which he was commander in May 2010 at a compound known as Whiskey 591.

Mr Owens put to Person 5 an allegation that he and Mr Roberts-Smith had blooded a junior soldier, Person 8, by having him kill a PUC (person under control) on that mission.

“We don’t blood people – I thought I’d made that perfectly clear,” Person 5 replied.

Mr Owens put a further allegation that Person 5 and Mr Roberts-Smith had blooded another soldier, Person 32, and that Mr Roberts-Smith had killed a third PUC on the mission.

Person 5 agreed there was a risk he might be prosecuted over those three alleged murders, but said they were “something that never happened”.

He agreed he had been called to give evidence at an inquiry by the Inspector-General of the Australian Defence Force into suspected war crimes, and that he had later spoken to Mr Roberts-Smith. “I told him to prepare himself; it was a witch hunt,” he said.

Person 5 denied feeling anger towards soldiers who had given evidence against Mr Roberts-Smith, but agreed he was “disappointed”. And he reserved his strongest criticism for another patrol commander, known as Person 43, who has given evidence that he helped pull an elderly Afghan man from the tunnel at Whiskey 108.

“I’m not surprised that Person 43 came here talking crap about myself and RS,” he said.

“Is it fair to say that you dislike Person 43 intensely?” Mr Owens asked him.

“Oh, yeah, you got that one, right. Yes, absolutely, he’s a coward … I told him to his face he was a coward.”

“It’s the worst insult you can offer a soldier,” Mr Owens said.

“It is. In 28 years, he’s the only man I’ve ever called a coward … he always volunteered to be away from the fighting.”

He denied colluding with Mr Roberts-Smith on their evidence.

“You and Mr Roberts-Smith have discussed over many years, how to tell the story of what happened in Whiskey 108 to explain away war crimes, correct?” asked Mr Owens.

“There’s been collusion – just not from our side. Your witnesses have been colluding for the last 12 years,” Person 5 replied.

Late on Thursday, the Seven Network said Person 5’s legal fees had been reimbursed by the ­private company of Seven West Media chairman Kerry Stokes, who has been bankrolling Mr Roberts-Smith’s defamation case.

The total amount paid to lawyers acting for three witnesses, including Person 5, was $170,000, according to invoices provided by the law firm. The bill covered legal services for Person 5’s ­appearances before the IGADF as well as the defamation case.