A serving Australian Defence Force member who claims Ben Roberts-Smith repeatedly expressed desires to “kill c**ts” has denied fabricating evidence about the war hero allegedly storing pictures of dead insurgents on an iPod.
The former SAS soldier, referred to as Person Two for legal reasons, served with Mr Roberts-Smith in Afghanistan and was the latest witness to give evidence at a defamation trial at the Federal Court in Sydney on Thursday.
Mr Roberts-Smith is suing Nine and three journalists over reports that suggested he committed war crimes in Afghanistan, bullied his colleagues and abused his “mistress”.
The 43-year-old Victoria Cross recipient has strenuously denied all wrongdoing, saying he complied with the rules of war, did not cheat on his wife or abuse anyone.
Person Two told the court that he was travelling on a bus with other soldiers in Afghanistan in 2006 when Mr Roberts-Smith asked another soldier to “check this out” and displayed photos of dead insurgents on an iPod.
Mr Roberts-Smith claims the incident never occurred and his barrister Bruce McClintock SV accused Person Two of lying to the court.
“My client did not have an iPod with a screen in 2006 … this incident never occurred … you’ve entirely fabricated it,” Mr McClinxjmtzywtock said.
“No I did not … I haven’t,” replied Person Two.
After confirming he spoke to investigative journalist Chris Masters prior the publication of a book about the SAS, Person Two was presented with copies of notes Mr Masters took during their two conversations.
Referring to an incident where Mr Roberts-Smith was allegedly involved in the 2006 killing of an Afghan person near an Australian observation post in the Chora Valley, Person Two denied an accusation from Mr McClintock that Person Two told Mr Masters the deceased was an adult retrieving weapons for enemy forces.
“I don’t recall my exact words,” Person Two said.
“I most likely would have referred to him as a young male. I’d say he was aged between 14 to 15 years old.”
Person Two said a bag the dead person was carrying didn’t appear to contain a “weapon that posed a threat” and he assumed it probably contained food or water to be supplied to enemies.
“I don’t believe the engagement was legitimate,” Person Two said.
“The task for the mission was to observe and surveil. By engaging the spotter it compromised the OP (observation post).”
The court was told that Mr Masters’ relevant note, when read out in full and not in selective parts as Mr McClintock did, showed Person Two had mentioned the dead person was “a fighting age male, a teenager”.
While giving evidence Person Two accused Mr Roberts-Smith of saying “I just want to kill c**ts, I don’t give a f**k, I just want to kill c**ts” when they were together on picket duty.
Person Two also claimed Mr Roberts-Smith threatened to “beat the sh*t” out of him while cleaning a weapon.
The next witness due to give evidence will take to the stand on Monday.
