Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/75

"Blooding the rookie"

(42) Rotation 9 was Person 4's first deployment. Person 4 was a member of the Applicant's patrol.

(43) At various times throughout rotation 9 the Applicant and his patrol commander, Person 5, made statements, in substance that they needed to "blood the rookie" (referring to Person 4).

(44) "Blooding" refers to initiating a person in the practice of killing, or giving them the taste for killing.

(45) During the mission in relation to Whiskey 108 an Afghan male (Afghan Male 1) was detained.

(46) In the presence of the Applicant Person 5 ordered Person 4 to execute Afghan Male 1. Pursuant to that order Person 4 placed Afghan Male 1 on his knees and shot him in the back of the head. Person 4 was ordered to execute Afghan Male 1 so that he could be "blooded". The Applicant did not say or do anything to encourage Person 5 to withdraw the order or to stop Person 4 following the order. In these circumstances, and in the circumstances set out in particular 43 above, it may be inferred that the Applicant was complicit in and approved of the order.

(47) In the circumstances, by his conduct with respect to Afghan Male 1, the Applicant breached Common Article 3 in that he was complicit in and responsible for murder.

(a) [Deleted]

(b) [Deleted]

(48) In the circumstances, by his conduct with respect to Afghan Male 1, the Applicant was complicit in and responsible for murder.

Murder of Afghan Male 2

(49) After the assault was complete and the patrols were conducting SSE (sensitive site exploitation, being a process post-assault where a detailed and thorough search of the site is performed in order to gather intelligence) the Applicant carried an Afghan male with a prosthetic leg (Afghan Male 2) outside the compound and threw him on the ground. The Applicant then shot Afghan Male 2 approximately 10-15 times with a F89 LSW. A F89 LSW is a light machine gun.

(50) Afghan Male 2 was a "PUC" (person under control) who posed no imminent threat, particularly given that Afghan Male 2 was physically impaired and the Applicant was able to carry him outside of the compound and throw him to the ground.

(51) In the circumstances, by his conduct with respect to Afghan Male 2, the Applicant breached Common Article 3 in that his conduct constituted murder.

(a) [Deleted]

(b) [Deleted]

(52) In the circumstances, the Applicant's conduct with respect to Afghan Male 2 constituted murder.

---