Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/69

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own position in order to draw fire away from his patrol. His patrol was pinned down by three enemy machine-gun positions. This conduct enabled his patrol commander to throw a grenade and silence one of the machine-guns. The applicant seized the advantage and stormed the enemy position killing the two remaining machine-gunners. After seizing the fortified gun position, the applicant took the initiative again and continued to assault enemy positions in depth during which he and another patrol member engaged and killed further enemy. The citation states that the applicant's acts of selfless valour directly enabled his troop to go on and clear the village of Tizak of Taliban. The decisive engagement subsequently caused the remainder of the Taliban in Sha Wali Kot district to retreat from the area.

190 On 26 January 2014, the applicant was awarded the Commendation for Distinguished Service. This award was for the distinguished performance of duty in warlike operations as a patrol commander with the Special Operations Task Group on Operation SLIPPER from June to November 2012. The citation states that the applicant distinguished himself as an outstanding junior leader on more than 50 high risk counter-leadership operations against a determined enemy. It states that the applicant invested heavily in training and mentoring the members of his patrol and less experienced members in the wider Task Group. In planning operations, he drew on a detailed understanding of enemy networks and the human and physical terrain in which they operate to develop lateral tactical concepts. In execution he consistently demonstrated great courage, resourcefulness and endurance.

191 The citation states that the applicant took responsibility for mentoring and developing both his own patrol and the personnel of the wider Special Operations Task Group. He readily offered advice on planning, equipment and tactical techniques, contributing directly to individual and collective capability. The award states that the applicant's efforts ensured the effective transfer of his professional knowledge and experience to a new generation of special forces soldiers. The applicant led from the front in even the most difficult and dangerous of circumstances, maintaining the highest levels of motivation and readiness in his patrol. His performance in leading five special reconnaissance missions exemplified his professional approach and technical skill. These high-threat missions required a superior situational awareness, patience, and preparedness. The applicant planned meticulously and executed skilfully, ensuring the security of his patrol and enabling mission success. The citation refers to the success of a mission on 21 October 2012 when the applicant led a lone special reconnaissance patrol deep into the insurgent stronghold of Char-Chineh, Afghanistan, to gain intelligence for future operations.


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