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National
Jamie McKinnell 

Ben Roberts-Smith described alleged execution of Afghan teen as 'beautiful thing', court hears

Ben Roberts-Smith has denied making the comment. (AAP: James Gourley)

Australian war veteran Ben Roberts-Smith referred to the alleged execution of an Afghan teenager as "the most beautiful thing I've ever seen", an elite soldier has told a Sydney court.

Mr Roberts-Smith is suing The Sydney Morning Herald, The Age and The Canberra Times newspapers and three journalists for defamation over a series of articles published in 2018.

The Victoria Cross recipient denies allegations in those stories of unlawful killings in Afghanistan, bullying of his former Special Air Service Regiment (SAS) comrades and domestic violence.

The third SAS witness called by publisher Nine Entertainment, code named Person 16, told the Federal Court the comment about the young man's death occurred during a 2012 mission in Afghanistan.

Mr Roberts-Smith has denied making the remark.

Person 16 said soon after arriving by helicopter, soldiers intercepted a Toyota Hilux and he placed two of its four occupants under confinement.

He described one as being in his "late teens", without a full beard, "a little bit chubby" and "shaking in terror".

"He appeared extremely nervous and trembling uncontrollably," the witness told the court.

Person 16 said he heard a radio call that improvised explosive device components were discovered in the vehicle and handed the two detained Afghans to Mr Roberts-Smith's patrol for tactical questioning.

Person 16 said about 15 to 20 minutes later he heard Mr Roberts-Smith make a radio call stating: "Two EKIA (enemy killed in action)".

He said he crossed paths with Mr Roberts-Smith in the barracks a day or two later and asked what happened to "that young fella that was shaking like a leaf".

"He said to me 'I shot that c*** in the head'," Person 16 told the judge.

"And he said, 'Person 15 (another colleague) told me not to kill anyone on the last job, so I pulled out my 9mil, shot the c*** in the side of the head, blew his brains out, and it was the most beautiful thing I've ever seen'."

Ben Roberts-Smith receiving his Victoria Cross one year before the alleged execution. (AAP: Department of Defence)

Person 16 said he never reported what he claims Mr Roberts-Smith said due to a "code of silence within the regiment as to these things occurring".

"The fear of retribution, it would have been a career-ending move," he told the court.

"I would have been ostracised.

"I also think [for] my personal safety, I would have been in danger by making such allegations against someone so influential, so I thought I just, best keep quiet and move on with life."

The witness was shown a photograph of the young Afghan's body in which he was holding an AK47 variant weapon, but said the teenager did not have a weapon at the vehicle stop.

The comment about the teenager was put to Mr Roberts-Smith in the witness box last year, when he denied saying "any part" of it.

Person 16 said before Mr Roberts-Smith joined the SAS, the VC recipient had a "formidable" reputation as being a "no-nonsense individual".

But he described "two camps" later forming; those "for" Mr Roberts-Smith and those "against".

"Those against, seen him as being someone who was belligerent, a bully, [who] would trash and tarnish others' reputations," Person 16 said.

Under cross-examination by Mr Roberts-Smith's barrister, Arthur Moses SC, the witness told the court colleagues in the "for" camp were friends with Mr Roberts-Smith and supported his decisions and actions.

Person 16, a medic, said he had never suggested he was in the "against" camp.

"I actually admired some of his qualities," he said.

He also agreed he had never been bullied or treated poorly by Mr Roberts-Smith, despite "weekly" dealings with him prior to the 2012 deployment.

A previous outline of evidence stated the mission took place on October 21, 2012, however this was amended to reflect the date of November 5.

Mr Moses put to Person 16 that he changed his recollection after being told Mr Roberts-Smith couldn't have been on a mission with him on the October date.

"I can't recall saying it was in October, all I can recall is that this was the last mission (of the deployment)," he replied.

Person 16 also denied that reading newspaper articles in 2018 had influenced his recollection of events.

He revealed he had met journalist Nick McKenzie, who is named as a respondent, in Queensland, "some time in late 2018".

But the witness insisted he "didn't agree or disagree", nor provide a "thorough rundown", after Mr McKenzie appeared to have some knowledge of the mission.

Mr Moses suggested Person 16 had "imagined" the conversation with Mr Roberts-Smith.

"That conversation 100 per cent happened and his reply shocked me to the core and that's why I remember it," he replied.

The trial, before Justice Anthony Besanko, continues.

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