Ben Roberts-Smith accused of lies in ‘cliff kick’ execution allegation

Ben Roberts-Smith has been accused in court of lying about important details in Nine’s ‘centrepiece’ war crime allegation.

A strip of clean skin on the bloodsoaked arm of an Afghan is photographic evidence Ben Roberts-Smith executed a handcuffed prisoner, Nine has claimed in court.

But the elite soldier has denied - more than 50 times - he interrogated or bashed the unarmed prisoner, kicked him off a cliff and had him shot dead.

Mr Roberts-Smith has faced his second day of cross examination by Nine’s barrister Nicholas Owens SC.

The barrister devoted much of his time to Nine’s “centrepiece” allegation that Mr Roberts-Smith killed shepherd Ali Jan in the village of Darwan in 2012.

Mr Roberts-Smith has repeatedly denied Nine’s version of events saying he helped another SAS operator, Person 11, shoot a Taliban spotter in a nearby cornfield.

Photographs of the body in the cornfield were shown to Mr Roberts-Smith including close-ups of the man’s arms and wrists.

Mr Owens pointed out much of the dead man’s arms were covered in blood except for a stripe near his wrists.

“Do you agree (the clean skin) is consistent with him wearing flexicuffs on his wrists when he was bleeding?” Mr Owens asked.

“No,” Mr Roberts-Smith replied, exhaling and shaking his head.

Ben Roberts-Smith has made dozens of denials under cross examination by Nine’s barrister.

Mr Roberts-Smith was then shown photographs of a gaping wound on the man’s upper arm.

Mr Owens said that wound could only have happened if Ali Jan’s arms were behind his back when he was shot.

Mr Roberts-Smith denied that saying, there were many ways the wound could have happened.

Finally the SAS veteran was shown photographs of a bloody wound around the man’s mouth.

“This man suffered that injury when hit his mouth falling towards the creek bed didn‘t he?” Mr Owens said.

“No,” Mr Roberts-Smith responded.

Each and every detail was put to Mr Roberts-Smith and he replied “no” each time.

Mr Owens, continued, claiming the SAS troop had covered up the war crime by dragging Ali Jan’s body across the creek bed.

Mr Owens said the soldiers dumped Ali Jan in the cornfield and planted a radio on his corpse to justify the murder.

The SAS took photographs and cooked up a story that Ali Jan was a Taliban “spotter” they confronted and killed in the cornfield, Mr Owens claimed.

“And that’s what you have said ever since,” Mr Owens said.

“No, we explained the engagement exactly how it happened,” Mr Roberts-Smith responded.

Mr Roberts-Smith denied every element of Nine’s accusation he killed a prisoner in Darwan. (Photo by Sam Mooy/Getty Images)

Mr Owens, earlier, put to Mr Roberts-Smith he had “invented” details but also said he’d left one crucial point out - that there was a cliff in Darwan.

Mr Roberts-Smith said there was no nearby cliff from which he could have kicked Ali Jan.

Nine’s barrister showed him a photo of a steep drop which Mr Roberts-Smith said appeared to be seven to 10 metres in height.

But, the elite soldier said, that was not a cliff because it had a walking track running along it.

“A cliff is a cliff - and that’s not a cliff to me,” Mr Roberts-Smith said.

Ben Roberts-Smith has rebuked allegations he “lied” about details on a crucial mission. Picture: Department of Defence.

Court documents released this week confirmed Federal Assistant Defence Minister and former SAS commander Andrew Hastie is listed as a “likely” witness for Nine against Mr Roberts-Smith.

He is among 30 witnesses Nine will call in relation to their accusations that Mr Roberts-Smith was involved in six unlawful murders - amounting to war crimes - while deployed in Afghanistan.

According to court documents, one allegation is that Mr Roberts-Smith stood behind an SAS soldier known as Person 66 and ordered him to execute one of two Afghan prisoners in a field in Syahchow in October 2012.

The “blooding” of Person 66 is expected to be the subject of Mr Hastie’s evidence.

The court on Friday heard the then-Captain Hastie was the incoming Troop Commander who was sent out on that mission.

Liberal assistant minister Andrew Hastie is expected to give evidence for Nine against Ben Roberts-Smith. Picture: NCA NewsWire / Martin Ollman

“Mr Hastie has long been a commentator for the respondents and anti-my client,” Mr Roberts-Smith’s barrister Bruce McClintock told the court at the opening of the case last week.

“His outline (of evidence) offers nothing probative, except that when the mission was over, he saw Person 66 looking anxious and uncomfortable. There might be many reasons, after combat, why someone looked anxious and uncomfortable.”

Mr Roberts-Smith was questioned about the term “blooding” and said he hadn’t heard it or used it while in the SAS.

“I hadn’t heard that phrase until a few years ago when it was bandied around,” he said.

Person 66 is also listed as a likely witness for Nine.

Mr Roberts-Smith, on Friday, said he recalled parts of that mission, including throwing a grenade at two insurgents in a heavily wooded, agricultural area.

“Were you aware that (after this mission) a large number of local nationals were protesting civilians being killed?” Nine’s barrister Nick Owens SC asked.

“No, but that happened a few times, it could have been that mission,” Mr Roberts-Smith said.

Mr Roberts-Smith was not taken directly to the allegation of blooding by Nine’s barrister but said he couldn’t recall if there were any prisoners taken that day.

Ben Roberts-Smith denies “blooding” any rookies in the SAS. Picture: Department of Defence

The Victoria Cross recipient began his second day of cross examination by correcting evidence he’d given one day earlier about a bloody battle in an Afghanistan compound known as Whiskey 108.

Nine alleged Mr Roberts-Smith threw an unarmed Afghan with a prosthetic leg to the ground before shooting him about a dozen times with a machine gun.

Mr Roberts-Smith denied that version of events saying he shot the Taliban insurgent, who had come around a corner with a bolt action rifle, with two bullets before his machine gun failed.

A second SAS operator, standing nearby, shot a second insurgent seconds later, Mr Roberts Smith told the court.

Mr Roberts-Smith told the court on Thursday he dragged the man he killed back to the compound wall while the second SAS operator dragged the second insurgent.

On Friday he said he’d “reflected” on his evidence and realised it was wrong - the second SAS operator did not move the second insurgent’s body.

“He lay where he fell… it was a mistake in my evidence I felt I should correct,” Mr Roberts-Smith said.

The cross examination continues.

Originally published as Ben Roberts-Smith accused of lies in ‘cliff kick’ execution allegation