Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/68

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and 2012, he did not observe any breach of the rules of engagement by the applicant and nor was he directed by the applicant to breach any of the rules of engagement. Had he observed a breach of the rules of engagement either by the applicant or by the Wakunish Partner Force in Afghanistan, he would have reported that breach up the chain of command. As I will make clear in Section 5 dealing with the mission to Chinartu, I do not accept the evidence of Person 32. I have already referred to the evidence of Person 30.

187 The applicant was awarded the Medal for Gallantry on 22 November 2006. That award related to his bravery on 2 June 2006. The award states that the applicant's actions on 2 June 2006 were carried out under heavy Anti-Coalition Militia fire and in a precarious position, threatened by a numerically superior force. The award states that the applicant's actions are a testament to his courage, tenacity and sense of duty to his patrol. The award states that his display of gallantry in disregarding his own personal safety in maintaining an exposed sniper position under sustained fire with a risk of being surrounded by the Anti-Coalition Militia was outstanding.

188 The applicant was awarded the Victoria Cross on 23 January 2011. The citation states that the Victoria Cross was awarded for the most conspicuous gallantry in action in circumstances of extreme peril as a Patrol Second-in-Command with the Special Operations Task Group on Operation SLIPPER.

189 The award states that on 11 June 2010, a troop of the Special Operations Task Group conducted a helicopter assault into Tizak, Kandahar province, in order to capture or kill a senior Taliban commander. Upon insertion, the troop was engaged by machine-gun and rocket propelled grenade fire from multiple dominating positions. Two soldiers were wounded in action and the troop was pinned down by fire from three machine-guns in an elevated fortified position to the south of the village. The award states that under the cover of close air support, suppressive small arms and machine-gun fire, the applicant and his patrol manoeuvred to within 70 metres of the enemy position in order to neutralise the machine-gun positions and regain the initiative. The award states that upon the commencement of the assault, the patrol drew very heavy, intensive effective and sustained fire from the enemy position. The applicant and his patrol members moved towards the enemy position until at a range of 40 metres they could move no further. The applicant identified an opportunity to exploit some cover provided by a small structure. The applicant approached the structure and, in the course of doing so, identified and engaged an insurgent grenadier in the throes of engaging his patrol. The applicant exposed his


Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555
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