Person 16 said the young man was not armed when he handcuffed him. The body was photographed with an AK-47 variant beside it. Giving his evidence-in-chief, Person 16 was shown pictures of a dead Afghan male who he identified as the teenager he had taken into custody. It was the most beautiful thing I’ve ever seen.” So I pulled out my 9mm, shot the cunt in the side of the head, blew his brains out. Person 15 told me not to kill anyone on the last job.
Person 16 told the court Roberts-Smith replied: “I shot that cunt in the head. He said he asked Roberts-Smith: “What happened to that young fella who was shaking like a leaf?” I didn’t want to lie. In the days after the mission, Person 16 told the court he crossed paths with Roberts-Smith in their accommodation lines at the SAS’s Camp Russell within Australia’s Tarin Kot base. EKIA is a military initialism for “enemy killed in action”. Person 16 said that about 15 minutes after handing over the two men he heard Roberts-Smith say over the troops’ radio “two EKIA”. Person 16 handed both prisoners over to Roberts-Smith, he told the court, and did not see the two men again. He said both were handcuffed and taken to a nearby compound for tactical questioning. Neither man was armed, Person 16 testified, but components for an improvised explosive device were found inside the vehicle. “He appeared extremely nervous and trembling uncontrollably.”
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“I made him out to be late teens … not a full beard, a bit chubby, and shaking in terror,” he said. Person 16 told the court he took into custody and handcuffed two of the four men inside the vehicle: an older man with a full beard and a younger man. “Outside the wire” on their last operation before returning home to Australia, Person 16 testified he and another soldier trained their weapons on an approaching Toyota Hilux ute and waved it to a stop. The court heard from an army medic, known to the court as Person 16, who served alongside Roberts-Smith during an operation in Fasil, in southern Uruzgan province, in November 2012. ‘The most beautiful thing I’ve ever seen’ These are the key elements since the hearing resumed this month.
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These three weeks of the trial have been focused on the evidence of witnesses subpoenaed by the newspapers, seeking to back up the allegations made in a series of reports in 2018. The newspapers are pleading a defence of truth. Roberts-Smith, the recipient of the Victoria Cross, is suing the Age, the Sydney Morning Herald and the Canberra Times for defamation over a series of reports he alleges are defamatory and portray him as committing war crimes, including murder, as well as acts of bullying and domestic violence.
The defamation trial brought by Roberts-Smith resumed early this month after more than half a year in abeyance because of Covid travel restrictions and shutdowns. Ben Roberts-Smith’s former wife, Emma Roberts, arrives at court.
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