The Clearance of W108
356 Various witnesses gave evidence of what they saw as they moved through the compound. It is clear that in the case of a number of witnesses, their recollections were general and not precise. For example, recollections varied between witnesses as to whether they saw Afghan women and children and (if they did) where they were in the compound.
357 The weight of the evidence is to the effect that Person 5's patrol entered the compound first and that the southern half of the compound was cleared first. Person 29 could not recall any persons being in the first portion of the compound. He could recall some women in the second portion "on the, sort of, northeast portion" of the compound. Person 35 (Person 5's patrol) did not recall encountering any local Afghan nationals in the southern half of the compound and into the northern half of the compound.
358 On the other hand, Person 41 (Person 29's patrol) said that in the first building of the compound, the Australian soldiers found women and children and they were "rounded up so to speak" and passed down the line and back to the troop sergeant. The troop sergeant would have collated them in a location and the soldiers continued on. Person 41 said that he saw women near what he marked as to the entry point to the compound (exhibit R92). Person 5's evidence is to similar effect. Person 38 said he saw Afghan women in the southern side of the compound.
359 The applicant said that some women and children were found in the compound at some point. He was asked in cross-examination "when" and he said in response that it was "fairly close to the main entry". Person 27 (Person 44's patrol) said that there were two women at least. He said that the troop did not encounter any fighting age males. The Afghan women were taken to another compound on the "exfill" and they were secured there. W108 was later destroyed. Person 27's recollection is that the other compound was W109 and that it was vacant.
360 Sensitive Documents provide information about the effect of the "cordon and callout conducted at W108" and the fate of a PUC. I refer to the closed Court reasons (at [17]).
361 Person 29 recalled coming across women in the northern part of the compound. Person 40 identified two women in the area adjacent to the tunnel. Person 42 (Person 29's patrol) said that there were women within the courtyard where the tunnel was discovered.
