SAS witness denies fabricating bullying
Tiffanie Turnbull |
An SAS soldier has rejected what he called “ruthless and unwavering” bullying by Ben Roberts-Smith was actually just professional criticism, while giving evidence in the Federal Court.
Mr Roberts-Smith is suing The Age, The Sydney Morning Herald and The Canberra Times for defamation over reports that he committed war crimes and murders in Afghanistan between 2006 and 2012.
The publications are relying on truth as a defence.
The Victoria Cross recipient vehemently denies those allegations and accusations of bullying.
But a former comrade – codenamed Person One – has this week given evidence that he had formally reported Mr Roberts-Smith for a years-long campaign of “ruthless and unwavering aggression”.
After a failed mission in June 2006, Person One alleges Mr Roberts-Smith said if his performance didn’t improve, he would “put a bullet in the back of (his) head”.
Thereafter the sergeant – who was on his first deployment to Afghanistan – told the court he had become concerned not only about the Taliban, but people in his own squadron.
Along with aggressive verbal criticism, Person One said Mr Roberts-Smith’s bullying included spitting on the ground in front of him, slamming doors in his face, and hitting across the back of the head while he was driving.
In another incident, Person One alleged Mr Roberts-Smith pushed him, saying “get out of my way c*** or I’ll kill you”.
Under cross-examination by Mr Roberts-Smith’s barrister on Friday, Person One denied he had “fabricated” the claims after learning his comrades thought he was “no good” as a soldier and wanted him replaced.
Bruce McClintock suggested any criticism of the man – even if it had been communicated in “strong terms” – was fair as he had endangered the lives of the men in his patrol.
“You wouldn’t describe an expression of a genuinely held professional opinion … as bullying, would you?” he asked the witness.
Person One agreed, but contended the criticism wasn’t truthful.
“You couldn’t confront the reality of your failings and you tried to blame them on other people, didn’t you?” Mr McClintock put to him.
“That’s incorrect.”
Mr McClintock said the other incidents aired by Person One never happened, and argued it was “absurd” to characterise any of the things Mr Roberts-Smith had said as genuine death threats.
What Person One had perceived as a threat was actually his client warning he could be shot by the enemy if his performance didn’t improve.
“My client never said anything to you beyond if you don’t improve, you’re going to be in trouble out there and you’ll be in danger. That’s what he said isn’t it?”
“No.”
Person One “didn’t believe for a second” that Mr Roberts-Smith would kill him, Mr McClintock contended.
“Yes I did sir,” Person One said.
“The answer you’ve just given is false, and you know it’s false.”
“I don’t believe it is false … He threatened me personally and … behind my back.”
Mr McClintock noted Person One’s complaints had resulted in a mediation meeting with his client, at the end of which the men “shook hands and agreed that everyone would move on.”
“But the sad fact is that you’ve never been able to let go of these events, have you?”
“Yes, I have,” Person One replied.
Mr Roberts-Smith categorically denied the accusations of bullying while giving evidence last year, saying Person One just wasn’t a “very good soldier” who wanted to cover up his poor performance.
The trial continues on Monday.
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