A former SAS soldier who testified that Ben Roberts-Smith ordered him to stage a mock execution of a comrade during a training drill has defended himself in court against accusations he was a liar and fantasist who was trying to justify his own failures as a soldier.
Roberts-Smith’s lawyers accused the former soldier, known as Person 10, of fabricating evidence out of malice against Roberts-Smith, and feelings of inadequacy about his own performance on missions in Afghanistan.
Person 10 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. The newspapers are pleading a defence of truth. Roberts-Smith denies all wrongdoing.
Person 10 has told the court Roberts-Smith ordered him to mock execute a comrade acting as an Afghan prisoner – handcuffed and on his knees – during a pre-deployment training exercise.
“Shoot him,” Roberts-Smith allegedly told Person 10 twice, who responded by saying “bang-bang”.
Roberts-Smith then allegedly said to Person 10: “That’s how it’s going to be on the day.”
Arthur Moses SC, acting for Roberts-Smith, suggested to Person 10 his testimony was false.
“This story … is a fantasy that you’ve concocted … in order to besmirch the reputation of Mr Roberts-Smith … you feel you had to come here to back it up … or you’d be exposed as a liar and a fantasist,” Moses said.
“Incorrect,” Person 10 replied.
In his evidence to the court last year, Roberts-Smith denied the mock execution ever took place, describing it as a “ludicrous scenario”.
“It’s just a stupid thing for someone to have said.”
The soldier who was allegedly mock executed is set to be called as a witness for Roberts-Smith later in this trial.
Over two days in the witness box, Person 10 also testified to a failed mission in the Chora Valley, during which he said he accidentally fired in the direction of a woman and child, and other Australian soldiers.
Back at the Australian barracks after the mission was over, Roberts-Smith punched Person 10 in the face in front of other soldiers, the court heard. Roberts-Smith conceded, in his evidence last year, he punched Person 10, and said he reported his actions to senior command.
On Friday, Moses argued Person 10 was lying in his evidence because he was embarrassed about his performance as an SAS soldier and refused to take responsibility for it.
Person 10 had an alcohol problem during his time in the regiment, lacked maturity and tactical skills, Moses said, referencing performance reports and an incident in Kabul when he was drunk and stole a female US intelligence officer’s phone and took photos of his penis with it.
“You’ve never come to grips with the fact that you are a failed SASR soldier.”
“I have Mr Moses, I’ve moved on,” Person 10 replied.
Person 10 told the court he accepted responsibility for mistakes and poor performance.
“You’ve sought to raise allegations concerning Mr Roberts-Smith after you’ve left the unit in order to justify to yourself why you were an abysmal failure as an SASR operator, do you accept that?” Moses suggested.
“Incorrect, Mr Moses,” Person 10 replied.
After the Chora Valley mission, Person 10 was removed from Roberts-Smith’s patrol, and assigned to a different patrol, but he said his performance as a soldier deteriorated.
“I noticed I was withdrawing a lot from my teammates. Essentially [I] started getting into depression, anxiety. I couldn’t think clearly, I couldn’t sleep.”
Person 10 said he held no grudge against Roberts-Smith.
“I hold nothing against Mr Roberts-Smith,” he said. “I don’t want to be here [in court], I’m compelled to be here. I’m answering these questions honestly.”
The trial, before Justice Anthony Besanko, continues on Monday.
