“Weak leadership” of Australia’s SAS “let down” Ben Roberts-Smith and members of his patrol by failing to investigate allegations of war crimes and allowing the rumours to circulate publicly, the federal court has heard.
A former SAS corporal, anonymised before the court as Person 31, told the court in evidence on Monday he was concerned enough by allegations he heard from Robert-Smith’s own patrol members that he confronted the Victoria Cross winner about them.
Person 31 was subpoenaed to give evidence in court by three newspapers defending a defamation action brought by Roberts-Smith, his former comrade and Victoria Cross recipient.
Roberts-Smith alleges the newspapers’ reports portrayed him as committing war crimes, including murder, as well as acts of bullying and domestic violence. The newspapers are pleading a defence of truth. Roberts-Smith denies all wrongdoing.
Person 31 told the court he was told that one of Roberts-Smith’s patrol mates had watched Roberts-Smith kick an unarmed Afghan prisoner off a cliff in the village of Darwan in 2012, he said.
Further allegations “came to light”, Person 31 said, as he neared his retirement from the military in 2014.
Person 31 said he believed SAS command failed its soldiers.
“I felt the system let down the members of his patrol and Mr Roberts-Smith himself,” Person 31 told the court.
“Those accusations that were brought out of the patrol should have been dealt with in the command.
“It wasn’t, I understand, due to weak leadership at the time. Hence we’re now dealing with this in court where no one wants to be.”
Earlier evidence in this trial has heard that SAS senior command were alerted to war crimes allegations as early as 2013, but that soldiers believed no action was taken.
Person 31 said he was involved in a training drill at Lancelin base in Western Australia in 2012, where SAS soldiers rehearsed “clearing” Afghan-style compounds.
Last week, another soldier known as Person 10 gave evidence Roberts-Smith ordered him to carry out a mock execution of a prisoner, actually another soldier, Person 9, acting in the role of a detained Afghan “person under control”.
Person 9 was kneeling, facing a wall, when Person 10 said he was called into a rear room of the compound. Person 10 said Roberts-Smith gave him an order.
“He said words to the effect of ‘shoot him’.”
“But it’s Person 9,” Person 10 told the court her replied.
Person 10 said Roberts-Smith reaffirmed the order: “Shoot him.”
“I went ‘bang bang’.”
Roberts-Smith allegedly said to Person 10: “That’s how it’s going to be on the day.”
Person 31 said he climbed on to a shipping container towards the end of the drill, enabling him to look down into the compound – which did not have a roof – when he saw Roberts-Smith, Person 9 and Person 10 in the compound. Person 31 said he did not see or hear the mock execution.
But he said the alleged mock execution was “spoken of” within the regiment and that he was concerned enough by the allegation to raise it directly with Roberts-Smith.
“I recall walking past Mr Roberts-Smith outside the mess accommodation … we had a quick chat,” he said.
Person 31 said he had told Roberts-Smith: “Fuck … pull your head in, you can’t be doing that shit.
“I recall him looking down, grunting, nodding and walking off.”
Roberts-Smith has consistently denied ever harming any prisoners. He said he never kicked a prisoner off a cliff at Darwan, and that the slain man alleged to have been kicked was an enemy “spotter” who was discovered hiding in a cornfield and lawfully killed within the military’s rules of engagement.
“There was no cliff … there was no kick,” he told the court during his evidence.
Roberts-Smith was also asked whether the mock execution happened at Lancelin.
“No, it didn’t,” he said.
“It’s just a ludicrous scenario. I don’t even know how someone would come up with that, quite frankly. It’s just a stupid thing for someone to have said.”
In 2014, a letter written by soldiers and circulated around the SAS regiment sought to contest the commendation for distinguished service awarded to Roberts-Smith for his 2012 service.
The letter, which was referenced in court Monday, raised at least 26 points of concern about Roberts-Smith’s behaviour on deployment and actions on mission.
Person 31 declined to sign the letter, saying he did not feel comfortable putting his name to it.
The trial, before Justice Anthony Besanko, continues.
