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 says he feared Nine newspapers would accuse him of a war crime unless he testified against Ben Roberts-Smith.

The soldier, known as Person 56, appeared in the Federal Court on Monday as the high-profile defamation trial resumed after a week’s break. 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 the 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 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 the radio about enemies killed in action but there was talk of someone being kicked down a cliff when the elite troops returned to base.

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 defamation lawsuit and repeatedly refused Nine’s requests to meet to 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” by Nine.

“(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.

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

Person 56 has mental health conditions 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 Toyota 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. Person 16 said he later asked Mr Roberts-Smith what happened to the 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 denies he killed the teen and denies those comments.

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

NCA NEWSWIRE