A former elite soldier has told a Sydney court he witnessed war veteran Ben Roberts-Smith kick and "catapult" an unarmed, handcuffed Afghan man over a slope before he was shot dead.
Key points:
- The incident is one of the central allegations in the defamation trial
- Mr Roberts-Smith has denied all elements of the story
- Today's witness told the court the incident left him "in shock"
Mr Roberts-Smith is suing The Sydney Morning Herald, The Age and The Canberra Times newspapers for defamation in the Federal Court, claiming a series of 2018 articles contained false allegations of unlawful killings, bullying and domestic violence.
One of the central allegations in the stories was that an unarmed, handcuffed Afghan farmer named Ali Jan was kicked over a cliff during a September 2012 mission in the village of Darwan.
Publisher Nine Entertainment is relying on a truth defence.
Mr Roberts-Smith has previously told the court a suspected Taliban "spotter" was killed in a cornfield that day, denying all elements of the story about the cliff.
A former Special Air Service Regiment (SAS) witness codenamed Person 4 today told the court of an Afghan man with a donkey who was searched, questioned and taken prisoner — becoming a PUC (person under control) of the Australian soldiers — as his patrol waited to be extracted from Darwan that day.
He said he later saw the handcuffed and detained man being held by a colleague, Person 11, by the right shoulder with his back towards a slope.
"At the same time, I noticed Ben Roberts-Smith, he had walked to a position maybe three to four metres away," Person 4 said.
"As I was trying to understand what was happening, he turned around and walked forward and kicked the individual in the chest.
"The individual was catapulted backwards and fell down the slope.
"I saw the individual's face strike a large rock and sustain a serious injury. He had knocked out a number of his teeth, including his front teeth."
Person 4 said he was "in shock at that point".
The witness said the man, who lay injured and dusty at the bottom of the slope in a dry creek bed, unsuccessfully attempted to sit up.
He said Mr Roberts-Smith directed both him and Person 11 to "grab him and start to drag him" towards a large tree.
Person 4 said Mr Roberts-Smith and Person 11 had a "quick conversation" which he didn't hear, before two to three rounds rang out.
He did not witness the shots, but turned around to see Person 11 in a "position to shoot".
Person 4 said when the man's body was photographed, there was an ICOM radio next to him, however he did not see how it got there. He said the prisoner didn't have a radio with him while being questioned.
The witness said the radio was "slightly wet", with a fogged-up screen.
"It dawned on me that I did know where it had come from," Person 4 said.
The witness earlier told the court that, prior to their arrival at the Darwan compounds, Mr Roberts-Smith took items off a dead enemy including a detonation cord and radio after crossing a river to find him — and again crossing it to return to the patrol.
Person 4 claimed later at the Tarin Kowt base, Mr Roberts-Smith outlined a "story" to him, Person 11 and a third colleague, person 56, about the man and the slope.
"Your Honour, it was words to the effect of 'the story is that we engaged a spotter whilst moving to our HLS'."
The trial, before Justice Anthony Besanko, continues.
https://news.google.com/__i/rss/rd/articles/CBMibWh0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIyLTAyLTI4L2Jlbi1yb2JlcnRzLXNtaXRoLXRyaWFsLWhlYXJzLW1vcmUtZXZpZGVuY2UtZnJvbS1hZmdoYW5pc3Rhbi8xMDA4NTY3MzLSAQA?oc=5
2022-02-28 02:51:32Z
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