Roberts-Smith may have ‘colluded’ with witnesses in defamation case, court told | MWhitbourn
for defamation over a series of articles in 2018 that he says portray him as a war criminal who was involved in the unlawful killing of Afghan prisoners.
The newspapers allege Mr Roberts-Smith directed Person 12, via an interpreter, to shoot an unarmed Afghan prisoner in October 2012. The rules of engagement provide a killing in those circumstances is murder. Mr Owens said each of the other four witnesses proposed to be called by Mr Roberts-Smith gave a similar account in their written outlines of evidence about Person 12 being removed from the Afghan National Army.
“We say it’s easily wide enough to encompass the situation of multiple witnesses colluding together.” Mr Owens said it could be accepted that one person might have a faulty memory but it was “utterly inconceivable” that five people would make the same “highly specific and demonstrably wrong error” about Person 12.
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