SAS soldiers ‘turned blind eye’ to war crimes, Ben Roberts-Smith defamation trial told

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SAS soldiers ‘turned blind eye’ to war crimes, Ben Roberts-Smith defamation trial told
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SAS soldiers ‘turned blind eye’ to war crimes, Ben Roberts-Smith defamation trial told | MWhitbourn

On Tuesday, the newspapers’ barrister, Nicholas Owens, SC, focused on one of the media outlets’ centrepiece allegations: that Roberts-Smith was involved in the murder of two Afghan prisoners during an SAS mission on Easter Sunday, 2009.The newspapers allege two Afghan men were pulled from a tunnel on that day in a compound dubbed Whiskey 108 and taken prisoner.

“There’s no doubt about the fact that the men were killed,” Owens said. “The only debate is about the circumstances in which they were killed.” Owens said Person 41’s explanation was plausible and consistent with him being a truthful witness. He submitted Besanko would find there was “clearly a culture of silence within the SAS”.

Owens told Besanko on Monday that the court faces “a stark choice between effectively irreconcilable accounts” of alleged events in Afghanistan. While the newspapers bore the onus of establishing alleged war crimes occurred on the balance of probabilities, Owens said Besanko was effectively being asked to decide “who is lying” in the case.

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