SAS soldier claims Ben Roberts-Smith catapulted unarmed man off cliff
A former SAS soldier has said he witnessed Ben Roberts-Smith kick and “catapult” an unarmed, handcuffed Afghan man over a slope before he was killed while testifying before a Sydney court.
Mr Roberts-Smith launched a defamation case against The Sydney Morning Herald, The Age, and The Canberra Times early last year over several articles he claims contained false allegations of unlawful killings, domestic violence, and bullying.
The trial has continued with the testimony of Person 4, a former Special Air Services soldier who was with Mr Roberts-Smith during a 2012 September mission in Darwan, in relation to a central allegation in the case.
Person 4 told the court on Monday that an Afghan man with a donkey was searched, questioned and taken prisoner, becoming a PUC (person under control) of the Australian soldiers.
The witness said he later saw the handcuffed man being held by a colleague referred to in court as Person 11, with his back towards a slope.
“At the same time, I noticed Ben Roberts-Smith, he had walked to a position maybe three to four metres away,” Person 4 said.
“As I was trying to understand what was happening, he turned around and walked forward and kicked the individual in the chest.
“The individual was catapulted backwards and fell down the slope.
“I saw the individual’s face strike a large rock and sustain a serious injury. He had knocked out a number of his teeth, including his front teeth.”
Person 4 said he was “in shock” and that the man, who was injured and lying at the bottom of the slope in a dry creek bed, failed to sit up.
He said Mr Roberts-Smith directed him and Person 11 to grab the man “and start to drag him” towards a tree.
At that point, Person 4 said Mr Roberts-Smith and Person 11 had a “quick conversation” which he didn’t hear and was followed by two to three shots.
Though he didn’t witness the shots, Person 4 turned around to see Person 11 in a “position to shoot”.
He said that when the man’s body was photographed, there was an ICOM radio next to him. However, he said he didn’t see how it got there and that the man didn’t have it when he was being questioned.
When he noticed the radio was “slightly wet” and had a fogged-up screen, he said, “It dawned on me that I did know where it had come from.”
Person 4 previously told the court that Mr Roberts-Smith took items off a dead enem prior to their arrival in Darwan, including a detonation cord and a radio - which he carried while crossing a river to return to the patrol.
Mr Roberts-Smith has previously told the court that a suspected Taliban “spotter” was killed that day in a cornfield, but has denied other details including that he was kicked off a cliff.
Person 4 claimed that Mr Roberts-Smith later outlined a “story” to him, Person 11, and a third colleague referred to as Person 56, about the man and the slope.
“Your Honour, it was words to the effect of ‘the story is that we engaged a spotter whilst moving to our HLS’.”
The trial will continue before Justice Anthony Besanko.
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