An SAS soldier testifying against Ben Roberts-Smith has denied he punched a female American soldier in a bar brawl in Afghanistan.
The unnamed soldier has also claimed his ex-wife broke into his home, stole a hard drive with photographs of his time in war, and blackmailed him for $50,000.
Mr Roberts-Smith is suing Nine newspapers claiming they falsely defamed him of war crime killings in Afghanistan and domestic violence against his “mistress”.
Nine stands by the stories, saying the allegations are true, and opened its case against Mr Roberts-Smith by calling SAS soldiers to testify against him in the Federal Court.
One witness, known only as Person 14, has told the court he watched an Australian soldier machine gun a captive Afghan during a 2009 raid.
Person 14 claims he spotted Mr Roberts-Smith carrying the same type of distinctive Minimi Para 89 machine gun at the end of the raid.
Under cross examination by Mr Roberts-Smith‘s lawyers, on Monday, Person 14 said he could not identify who pulled the trigger and allegedly killed the Afghan – saying he could only tell they were an Australian soldier.
Mr Roberts-Smith‘s barrister, Arthur Moses SC, asked Person 14 about allegations he was involved in a fight at a party in Afghanistan.
Person 14 told the court he had been assaulted by a US female commissioned officer who punched and grabbed his genitalia in an ”unprovoked attack”.
Mr Moses put to Person 14 that he had punched the woman in the face, knocking her unconscious.
Person 14 denied that version of events and denied the woman fell into a small pool.
“You saw Mr Roberts-Smith jump into the pool to pull her out,” Mr Moses said.
“He didn‘t jump in – I jumped in,” Person 14 responded.
“I didn‘t punch her… she jumped (into the pool).”
Mr Moses asked Person 14 if he was upset that Mr Roberts-Smith “intervened” at the party.
“No, Ben actually pulled that soldier off me as she was assaulting me,” Person 14 said.
Mr Roberts-Smith‘s lawyers also asked Person 14 why he hadn’t told Justice Anthony Besanko, in earlier testimony on Friday, the details of why he was taken off a deployment in 2010.
Person 14 told Justice Besanko, on Monday, he had been divorcing from his wife and she had broken into his home and stolen a hard drive.
The unclassified hard drive had photos of Person 14‘s time out on patrol in Afghanistan, the SAS witness told the court, and his wife was threatening to leak them to the media.
Person 14 said his wife tried to blackmail him for $50,000.
Person 14 told the court he had reported the incident to his commanders and they had reprimanded him over the theft.
A senior officer had to “negotiate” for the return of the files, the court heard, and Person 14 denied leaking any of those photos to the media himself.
Mr Roberts-Smith is facing allegations he punched a woman who he was dating while separated from his wife.
The Victoria Cross recipient denies he hit the woman after a black tie event in Canberra attended by senior politicians and military figures.
The court is expected to hear from the woman, who canxjmtzywnot be named, in the coming weeks when she gives evidence against Mr Roberts-Smith.
The trial continues.
