Page:Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) (2023, FCA).pdf/97

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312 It is relevant to note the particular challenges made in cross-examination by the applicant to the evidence of Persons 14, 24 and 18 as to the location of Person 6's patrol and, in particular, Persons 14 and 24.

313 With respect to Person 14, the only challenge made to his evidence on this topic was that it was put to him that he was not in an open field. As the respondents point out, Person 14 had never said that he was in an open field and he made it clear in his evidence that he was at or beside a tree.

314 With respect to Person 24, the applicant put to Person 24 that his position on the cordon was at the north-western corner of the open field that is rectangular in shape to the north of W108. In other words, it was put to him that he was in the location identified by Person 14 on exhibit R98. As I have said, that location is not markedly different from the location identified by Person 24.

315 Person 24 said that he had only seen the particular compound from the ground over 10 years ago and he was trying to be as accurate as was possible. He made it clear that his specific role was to cover an infield route to the north and east from W109. He was carrying the Maximi 7.62-mm machine-gun and his specific job was to maintain security and to keep an eye out for spotters who may have approached from the direction of W109. He must have been located towards the northern end of W108 because he was covering the approach from W109. He was firm in his recollection that Person 14 was a couple of metres to his left. He denied the suggestion put to him that he was making up his evidence that Person 14 was to his left.

316 With respect to Person 18, he was not challenged on his evidence that he saw Person 6's patrol as he moved outside the compound during the SSE process to photograph the two bodies outside the northern end of the compound. He was not challenged on his evidence about the role of Person 6's patrol in the scheme of manoeuvre or seeing them move to the northwest corner before he made entry to the compound. He was cross-examined as to whether he saw Person 6's patrol enter the compound, but he was not challenged, as I have said, about their role in the scheme of manoeuvre or seeing them move to the northwest corner before he made entry to the compound.

317 Returning then to the applicant's evidence, it was that Person 6's patrol was at the southern end of the compound and were formed in an arc shape. Later he said that Person 6's patrol "had gone firm, effectively in a half-moon shape, around the entry point, so on that southeastern


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