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Mr Roberts-Smith is accused of ordering Particular person 12 by an interpreter to shoot an Afghan prisoner on an October mission to Khaz Oruzgan.
Particular person 35 testified that Particular person 12 three months earlier had shot a canine, with the bullet ricocheting and hitting an Australian soldier, and he was quickly faraway from the squad.
Due to this fact Particular person 12 couldn’t have been on the mission the place the alleged homicide occurred, and was a “knockout blow” for the newspapers’ case, the court docket was earlier informed.
On Thursday Particular person 35 was proven numerous categorised paperwork that outlined Particular person 12 actually took management of Australia’s military accomplice drive in September 2012.
“I do not recall that Mr Owens however I do not doubt the authenticity of these experiences,” Particular person 35 informed the newspapers’ barrister Nicholas Owens SC.
It confirmed that Particular person 12 “didn’t shoot a canine”.
Particular person 35 is showing on behalf of Mr Roberts-Smith who’s suing The Age, The Sydney Morning Herald and The Canberra Instances for defamation.
The Victoria Cross recipient denies all reported claims he dedicated warfare crimes in Afghanistan together with homicide, and acts of bullying and home violence, whereas the mastheads are defending them as true.
Particular person 35 was earlier questioned about his controversial KKK outfit worn on the SAS makeshift bar known as the Fats Girl’s Arms.
He mentioned he did not need to pay for one on-line and this was the “best costume to fabricate at brief discover”.
“I knew one other particular person was coming as blackface and I believed it might be humorous if I got here as a klansman.”
He mentioned it was a parody, to have fun, to make enjoyable of the klan.
“They’re fairly pathetic and I used to be making a joke of it.”
“Have been you reprimanded?” Mr Owens requested.
“No I used to be not, I really gained the flamboyant gown competitors,” Particular person 35 mentioned.
The previous elite soldier was additionally questioned about some Instagram posts he had favored, together with one with a picture of a person labelled “Fairfax”.
The publish references “some f— wit in a go well with utilizing f—tard logic he realized getting his tonsils bruised by some lecturer’s spotty d— at their non-binary regulation faculty”.
“This c— will probably be one of many first to be held down and drowned in a muddy puddle for his fancy jacket,” the publish continues.
Particular person 35 mentioned it wasn’t referring to Mr Owens personally, however the whole proceedings, together with all witnesses who appeared for the information retailers.
He mentioned the posts had been darkish humour and shouldn’t be taken critically.
He was referred to a different on-line posting referencing rats and snitches, and agreed he “didn’t see what a few of your witnesses have claimed to have seen”.
“He did not kick somebody off the cliff. I do know my good friend Ben and I do know he would not try this.”
One other level of amusement for Particular person 35 was his drawings of winged penises inside troop headquarters at Tarin Kowt, he mentioned.
He mentioned his parody of the winged dagger turned his trademark artwork “for fun”.
However he denied the suggestion he penned a winged penis kicking a prisoner off a cliff, a drawing one other soldier mentioned he had seen after the allegation towards Mr Roberts-Smith turned recognized.
Particular person 35 confirmed Seven Community boss Kerry Stokes was paying for his authorized charges, saying he didn’t belief free legal professionals provided from the Australian Defence Power.
The trial continues.
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