An SAS soldier has told a court Ben Roberts-Smith didn’t deserve his Victoria Cross, despite not seeing crucial parts of the battle, because there were multiple rumours about battlefield stuff-ups.
But Mr Roberts-Smith’s barrister bit back in a fiery day of evidence about rumours, haters, fools and idiots.
Ben Roberts-Smith is suing Nine newspapers over claims he committed multiple war crimes in Afghanistan – he denies the allegations.
Nine maintains the articles are true and has called SAS soldiers, who fought alongside Mr Roberts-Smith, who have criticised the decorated veteran.
Mr Roberts-Smith, in late 2010, stormed two machine gun nests in the battle of Tizak – risking his life to save his SAS squadmates.
The heroism earned him the top military accolade.
Next to him was an SAS soldier known as Person 4, now a mentally ill former soldier who told the court he was “bitter” that he did not also receive the VC despite also storming the machine guns.
Person 4 told the court he spoke with Mr Roberts-Smith’s enemies within the regiment who believed Mr Roberts-Smith did not deserve the medal.
Another SAS soldier, Person 18, told the court this week the entire regiment was submerged in “toxic” rumours and one-upmanship.
Pxjmtzywerson 18 claimed he had pulled away from socialising with the SAS because it was like a “country wives’ club”.
But, the Federal Court heard on Tuesday, he was also chatting with others about whether or not Mr Roberts-Smith deserved the VC for the 2010 mission.
“You’ve told people within the unit Mr Roberts-Smith did not deserve the Victoria Cross,” barrister Arthur Moses SC asked.
“Yes, that’s been my opinion for the last 12 years,” Person 18 responded.
Person 18 also fought at Tizak and told the court he was not in a position to see the harrowing attack on the machine gunners – but he denied he was “jealous” of Mr Roberts-Smith.
Instead, Person 18 told the court, he pulled away from Mr Roberts-Smith just weeks after the battle of Tizak.
Person 18 claimed he was at a cafe in Cottesloe, Western Australia, with a few other soldiers when Mr Roberts-Smith produced a printout of a draft citation that spelled out his actions at Tizak.
“When Ben told the team he was receiving this award he was looking to the future; talking tours, explaining the VC to people, he wanted us to come to functions I said ‘I’m out this is making me very uncomfortable’,” Person 18 told the court.
Person 18 said “rumours were running wild” about Tizak already and that’s why he was uncomfortable.
He denied he hated Mr Roberts-Smith.
Under questioning from Mr Moses Person 18 explained he had heard that Mr Roberts-Smith had thrown a grenade without first pulling the pin, and had rushed into a building near the machine guns with a jammed gun.
Person 4 was rumoured to have deserved the top medal, Person 18 said.
“Rumours are carried by haters, spread by fools, and accepted by idiots,” Mr Moses said to Person 18.
Mr Moses withdrew the question after an objection by Nine’s legal team.
Person 4, last week, told the court he killed one of the gunners and claimed Mr Roberts-Smith agreed with him some years later.
He also told the court he saw Mr Roberts-Smith kick an unarmed farmer off a cliff during a mission two years later, in the village of Darwan.
The alleged execution of that farmer, Ali Jan, is one of Nine’s central allegations denied by Mr Roberts-Smith.
The court has heard Person 4 and Person 18 spoke with SAS commanders, along with other troops, about the alleged killing at Darwan but leadership were not initially “receptive”.
Person 4 told the court he had “suspicions” he had been “manipulated” by Mr Roberts-Smith’s enemies who preyed on his bitterness about Tizak to share allegations of Darwan.
But he maintained they are true – and still claims Mr Roberts-Smith kicked the farmer down a cliff minutes before the SAS shot the Afghan dead.
The trial continues.
