The Federal Court hears that on the day decorated Australian soldier Ben Roberts-Smith is accused of ordering the killing of an unarmed Afghani civilian, he killed a Taliban soldier armed with an AK-47 and detonators.
He said Mr Roberts-Smith was with his patrol when they were dropped on the bank of the Helmand River during an operation to hunt down a rogue Afghan soldier called"With his second-in-command — 'Person 11' — they saw someone across the river, who they believed was armed," Mr McClintock said.
"My client took the body down to the river so it could be photographed. [He] took the AK-47 and the detonators … and with them, swam back across the river. The articles also state that Mr Roberts-Smith brought a prosthetic leg from a dead Taliban soldier back to Australia to use as a novelty beer drinking trophy.
"My client will give evidence that there was one member of the SAS who never drank from that thing and that was him," he said.
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