Last SAS witness leaves allegation open

Greta Stonehouse | June 2, 2022

The final witness to be called by Ben Roberts-Smith in the long-running defamation trial he launched cannot confirm or deny whether the war veteran murdered an Afghan prisoner. 

The top-ranking SAS soldier finished giving evidence in the Federal Court on Thursday wrapping about 40 witnesses nearly a year after the case began. 

His testimony was short and focused on key allegations during a mission to a Taliban compound known as Whiskey 108 in Afghanistan’s Uruzgan province in 2009.

The senior and still serving elite soldier dubbed Person 81 was captain at the time, and after bombs had destroyed large sections of the structure he gave the orders to clear it. 

While troop commanders took the ground assault charge, he was coordinating the patrols and unmanned vehicles, interpreting the level of threat from intercepted radio chatter, and ensuring friendly fire was not received. 

“You are quite busy during the mission,” Nicholas Owens SC on behalf of the newspapers asked.

“That is correct,” Person 81 said.

After the mission a report was prepared stating that “two squirters” had been killed, referencing two Taliban insurgents running away from Australian troops. 

He confirmed he had no personal knowledge of how those two men came to be killed. 

“(Are you) unable to say one way or another whether those men were PUCd at the time of death,” Mr Owens said. 

“I wouldn’t know.”

A PUC is a prisoner also known as a “person under control”.

And he could not say one way or another whether the man with a prosthetic leg was executed by Mr Roberts-Smith, as he relied on his patrol commanders to inform him of the circumstances surrounding engagements. 

Mr Roberts-Smith is suing for defamation The Age, The Sydney Morning Herald and The Canberra Times over 2018 reports claiming he committed war crimes in Afghanistan including murder, and acts of bullying and domestic violence.

The 43-year-old denies all claims of wrongdoing, while the mastheads are defending them as true.

On Thursday Mr Owens squarely asked Person 81 if he was able to say anything about their allegations of war crimes. 

“Our case is that the old man and the man with the prosthetic leg were found in the tunnel (and) were PUCd,” Mr Owens said. 

“And then were murdered by one or more of Person Four, Person Five and Mr Roberts-Smith without your knowledge or authorisation.” 

“I’m not sure I can answer that,” Person 81 said. 

“From my recollection of events I wouldn’t speculate.”

He confirmed he was told about the two engagements after the mission was completed, but never observed any conduct by those soldiers to cause him suspicion they had murdered anybody. 

On Wednesday Person 81 said he was never told men were found inside the tunnel and did not see them emerge. 

But he was unable to rule out the possibility, he said on Thursday. 

The mastheads allege that Person Four was ordered to execute one of the two prisoners in order to “blood the rookie” to get his first kill in action, while Mr Roberts-Smith either made the command or stood by the murder. 

Person Four refused to give evidence about the incident even with a certificate of immunity due to “self-incrimination,” while Person Five denied it occurred.

Arthur Moses SC representing Mr Roberts-Smith confirmed on Thursday that Person 81 was the final witness to be called by his client. 

The trial continues as both sides prepare their closing addresses for Justice Anthony Besanko. 

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